Adler v. Libit Chemical Co.

Appellate Terms of the Supreme Court of New York

Adler v. Libit Chemical Co.

139 Misc. 449, 248 N.Y.S. 471, 1931 N.Y. Misc. LEXIS 1144

Appellate Terms of the Supreme Court of New York·Decided March 6, 1931·Published

Opinion

Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and motion remitted [450] to the court below for consideration and decision upon the merits. Where a bill of particulars has been ordered and the bill served does not comply with some or all of the requirements of the order, it may be returned and thereupon a motion for a preclusion may be made, (de Gumoens v. Equitable Trust Co., 211 App. Div. 399; Hurtog v. Lewis, 200 id. 649; Witschieben v. Glynn, 156 id. 193.)

All concur. Present, Cropsey, MacCrate and Lewis, JJ.

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Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and motion remitted [450] to the court below for consideration and decision upon the merits. Where a bill of particulars has been ordered and the bill served does not comply with some or all of the requirements of the order, it may be returned and thereupon a motion for a preclusion may be made, (de Gumoens v. Equitable Trust Co., 211 App. Div. 399; Hurtog v. Lewis, 200 id. 649; Witschieben v. Glynn, 156 id. 193.)

All concur. Present, Cropsey, MacCrate and Lewis, JJ.

Adler v. Libit Chemical Co., 139 Misc. 449, 248 N.Y.S. 471, 1931 N.Y. Misc. LEXIS 1144 (N.Y. Ct. App. 1931).

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