Worden v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the City Court of the city of New York, entered September 8, 1905, granting, in part, the defendant’s motion for a bill of particulars.
1Opinion of the CourtMacLean, J.
Appealing from an order directing a bill of particulars, the plaintiff urges, as improper, the inclusion therein, “ that in case the plaintiff has no knowledge with reference to any of the foregoing particulars, she shall state such lack of knowledge under oath in lieu thereof.” Authority thereto appears, however, in Ziadi v. Interurban St. R. Co., 97 App. Div. 137. She also urges as improper, the failure of the moving affidavit to state that the affiant had fully and fairly stated the case to counsel, with the name and *627address of such counsel, as required by Rule 23 of Practice. While so…
2Cases cited2 opinions
- Ziadi v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Sidney B. Bowman Cycle Co. v. DyerAppellate Terms of the Supreme Court of New York · 1898