McKenna v. Horwitz & Schanback
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Horwitz & Schanback, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 29th day of April, 1914.
1Opinion of the Court
Rich, J.:
This appeal is from an order of the Special Term denying a motion for an order precluding the plaintiff from giving evi *542dence on the trial of the action because of his failure to serve a bill of particulars pursuant to an order therefor, made on March 30, 1914. The motion papers were served on April twenty-first. Two days thereafter, and on April twenty-third, a bill of particulars was served, and immediately returned upon the ground that the plaintiff was in default. Section 531 of the Code of Civil Procedure, providing that in case of a failure to serve a bill of particulars the…
2Cases cited1 opinion
- Smith v. Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Samuel Mundheim Co. v. ScharlachAppellate Division of the Supreme Court of the State of New York · 1915