Redmond v. Buckley
New York Supreme Court
Appeal from special term, Albany county. Action by John Redmond against Peter H. Buckley to recover damages for personal injuries sustained while in defendant’s service. From an order denying.in part his motion for a bill of particulars, defendant appeals. Affirmed.
1Opinion of the CourtPutnam, J.
This is an appeal from an order denying (in part) a motion made by defendant for a bill of particulars. I agree with the contention of counsel for appellant that a bill of particulars, when asked for, should be granted in any action where justice demands that the moving party should be apprised of the matter he is required to answer with greater particularity than is required by the rules of pleading. It has been determined, however, that it is not the office of a bill of particulars to disclose the evidence relied on by a plaintiff to establish the allegations of his complaint. Ball v.…
2Cases cited1 opinion
- Donohue v. MearesNew York Supreme Court · 1892