Weber v. Columbia Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 1st day of Hovember, 1912, directing the defendant to serve a bill of particulars.
1Per curiam
The order appealed from required the defendant to make and serve a verified bill of particulars of the facts set up in the affirmative defense. It was the necessity for obtaining the evidence from the plaintiff to establish said affirmative defense which authorized the making of the order for his examination before trial, affirmed in the opinion herein handed down this day. (Weber v. Columbia Amusement Co., No. 1, ante, p. 881.) To require defendant to furnish a bill of particulars in advance of obtaining the evidence necessary to make it seems incongruous. The two orders were made upon the…
2Cited by4 opinions
- Cornell v. Mor-Nell Development Corp.New York Supreme Court · 1964
- Carney v. Liebmann Breweries, Inc.New York Supreme Court · 1957
- Eisenstaedt v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1957
- Corlett v. KieferNew York Supreme Court · 1962