Kuster v. New York Times Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Times Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 14th day of October, 1902, denying the defendant’s motion for a bill of particulars before answer.
1Opinion of the Court
Woodward, J.:
The defendant appeals from an order denying its motion that plaintiff be directed to serve a bill of particulars, “ specifying in detail what portion or portions of the article mentioned in the complaint herein are alleged to be libels on the plaintiff and in what respect such portion or portions of said article are alleged to be false and what portion or portions of said publication are admitted to be true.” The theory of the defendant is, not that this bill of particulars is necessary to enable it to answer, but that no defendant in an action for libel ought to be called upon…
2Cases cited2 opinions
- Singer v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1902
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- International Import & Export Co. v. Di MondaCity of New York Municipal Court · 1909