Ditollo v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the .clerk of the county of Rew York on the 22d day of April, 1908, denying the defendant’s motion for a bill of particulars.
1Per curiam
The action has been reached on the call calendar and set down for trial. It is reasonable to assume, therefore, that the plaintiff is possessed of some knowledge respecting the facts alleged in the complaint, and which he will be obliged to prove. He should be able to designate, if not by name or number, at least by such description as will enable them to -be identified, the tug and float concerned in the accident upon which this action is founded, and the defendant is entitled, in order to properly prepare for trial, to such informa*812tion relating to the identification of the tag and float as…
2Cited by1 opinion
- Strunsky v. BillupsNew York Supreme Court · 1930