Reader v. Haggin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eleanor Bawls Beader, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 25th day of April, 1906, directing that the plaintiff be preeluded from giving -evidence of those parts of the affirmative allegations of the complaint as to which particulars were not served as directed.
1Opinion of the Court
O’Brien, P. J.:
Upon the consent of the plaintiff’s attorney an order was entered directing that plaintiff should serve upon the attorney for the defendant a bill of particulars of the plaintiff’s claim, specifying the particulars to be furnished. The plaintiff thereafter served what was claimed to be a sufficient bill of particulars, which was never returned. Mo motion for a further bill was ever made, nor was any indication given that the bill of particulars furnished was not in compliance with the order or was defective in any respect; instead, the defendant served a notice of motion upon…
2Cases cited1 opinion
- Faller v. RangerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by11 opinions
- Losie v. Royal Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Smith v. Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Locker v. American Tobacco Co.District Court, S.D. New York · 1912
- Thoma v. KoeppenCity of New York Municipal Court · 1930
- McKeown v. FosterAppellate Terms of the Supreme Court of New York · 1915
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