Schultz v. Rubsam
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Rudolph Schultz, from an order of the Supreme Court, madé at the Queens County Sp'eeial Term and entered in the office of the clerk of the county of Queens on the 16th day of February, 1905, directing the" plaintiff to furnish the defendant with a bill of particulars.
1Opinion of the Court
Hirschberg, P. J.:
The order is premature. The action was not at issue at the time it- was granted, so that it was improper iff granted in order to enable the defendant to prepare his defense, and if granted in order to aid the; defendant in answering it was unnecessary, so far as any evidence of its necessity can be gathered from the facts set up in the moving papers: Had the motion been to require the allegations of the complaint to be made more definite and certain, a different question would have been presented. Nor is it intended to intimate that the defendant may not be fully entitled to…
2Cases cited2 opinions
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- Hicks v. EgglestonAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Bracken v. TolandAppellate Division of the Supreme Court of the State of New York · 1912