Legal Opinion

Richards v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1915PublishedCited by 4 opinions

Appeal by the plaintiff, John Richards, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 30th day of December, 1914, granting defendant’s motion for a bill’ of particulars.

1Opinion of the Court

Smith, P. J.:

The order appealed from directs a verified hill of particulars to be served by the plaintiff' as to many matters alleged in the complaint. The granting of this order was within the discretion of the Special Term judge, and we are unable to say that that discretion has been abused. The plaintiff sues for an accounting with defendant, with whom plaintiff was a partner for over twenty years in blacksmithing. It is proper that the defendant should have the particulars of the' matters alleged by the complaint as constituting the account.

The final provision of the order is to the…

2Cases cited1 opinion

  1. Hein v. Honduras SyndicateAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by4 opinions

  1. Goldstein v. WickettAppellate Division of the Supreme Court of the State of New York · 1957
  2. Runals v. Niagara UniversityNew York Supreme Court · 1959
  3. Steinleger v. FrankelAppellate Terms of the Supreme Court of New York · 1922
  4. In re the Estate of GuyAppellate Division of the Supreme Court of the State of New York · 1949

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