Legal Opinion

In re the Estate of Barasch

New York Surrogate's Court

Decided January 5, 1962PublishedCited by 2 opinions

1Opinion of the Court

John D. Bennett, S.

In this removal proceeding the administratrix moves for a bill of particulars and an order vacating a notice to examine her or, in the alternative, modifying the same so as to schedule it for a time not less than 15 days subsequent to the service of a bill of particulars in compliance with her first motion.

Although generally this court has allowed a party to conduct an examination before trial before being required to file a bill of particulars, this general rule is by no means inflexible and *549“ [t]lie deferring of the service of a hill of particulars until the conclusion of…

2Cases cited5 opinions

  1. Kerr v. . KerrNew York Court of Appeals · 1869
  2. Zecchini v. MayerAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re the Estate of GaffneyNew York Surrogate's Court · 1931
  4. Lustig v. Longchamps, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
  5. In re RathyenAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by2 opinions

  1. Raysor v. GabbeyAppellate Division of the Supreme Court of the State of New York · 1977
  2. In re the Estate of D'OnofrioNew York Surrogate's Court · 1978

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