Wilks v. Greacen
Appellate Division of the Supreme Court of the State of New York
Sepakate appeals by the defendant Bebecca. Greacen and by the defendant Bobert- A. Greacen from an order of the Supreme Court, made at the New York Special Terra and entered in the office of the clerk of the county of New York on the 3d day of May, 1907, directing that each of them serve a bill of particulars.
1Opinion of the Court
Ingbaiiam, J.:
It seems to me that the rule that where the allegations of the answer are in effect a denial of a material allegation of the complaint it is not proper to require the defendants to give a bill of particulars, which would limit them as to their proof, applies to this case. The defendants should be at liberty to introduce any evi-. dence that they can to disprove the main facts upon which the plaintiff bases her right to relief. That the defendants unnecessarily .made a part of their denial of a material allegation of the complaint an affirmative allegation that they had property…
2Cases cited1 opinion
- Barreto v. RothschildAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Smith v. AndersonAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of BuchalterNew York Surrogate's Court · 1953