Baright v. Walska

The judgment and order should be reversed on the following grounds:

1. Evidence as to legal services rendered not included in the bill of particulars was improperly received over the objection of defendant and to which exception was duly taken. (Smiley Steel Co. v. Schmoll, 200 App. Div. 655; Pace v. Amend, 164 id. 209; citing Aub v. Hoffmann, 120 id. 50, 52; Dodge v. Weill, 158 N. Y. 346.)

2. The alleged services were rendered between January 30, 1919, and September 30, 1920. The receipt in evidence of a letter from defendant's attorneys written on August 30, 1921, nearly two years after the…