McCormick v. New York Steam Corp.

The affidavit verified by defendant’s attorney that the defendant has no actual knowledge of the acts constituting the contributory negligence of plaintiff’s intestate has no probative force or effect on this motion. That the plaintiff is entitled to particulars of facts of contributory negligence is unquestioned. (Szymanski v. Contact Process Co., 82 Misc. 46; McCallum v. Beau-Site Co., 176 App. Div. 681.) The defendant is required, therefore, to furnish particulars as to item 1. As to item 2, no addresses of the fellow-servants need be furnished; granted as to balance of item. As to item 3,…