Brackley v. Aetna Life Insurance

Appellate Division of the Supreme Court of New York

Brackley v. Aetna Life Insurance

41 A.D.2d 653, 340 N.Y.S.2d 871, 1973 N.Y. App. Div. LEXIS 5152

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 13, 1973

StatusPublished

This text of 41 A.D.2d 653 (Brackley v. Aetna Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brackley v. Aetna Life Insurance, 41 A.D.2d 653, 340 N.Y.S.2d 871, 1973 N.Y. App. Div. LEXIS 5152 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover accidental death benefits under a certificate covering the life of plaintiff’s mother which had been issued under a group insurance policy, defendant appeals from an order of the Supreme Court, Queens County, dated June 13, 1972, which granted plaintiff’s motion to vacate or modify defendant’s demand for a bill of particulars to the extent of directing that items “ 3 ” through “ 6 ” of the demand be made more specific. Order reversed, with $20 costs and disbursements, and motion denied in its entirety. Plaintiff’s time to serve his bill of particulars is extended until 20 days after entry of the order to be made hereon. Plaintiff concedes the propriety of items “1” and “ 2 ” set forth in defendant’s demand for a bill of particulars. In our opinion, items “ 3 ” through “ 6 ” of the demand properly request specific information to which plaintiff must respond. Munder, Acting P-. J., Martuscello, Gulotta, Brennan and Benjamin, JJ., concur.

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In an action to recover accidental death benefits under a certificate covering the life of plaintiff’s mother which had been issued under a group insurance policy, defendant appeals from an order of the Supreme Court, Queens County, dated June 13, 1972, which granted plaintiff’s motion to vacate or modify defendant’s demand for a bill of particulars to the extent of directing that items “ 3 ” through “ 6 ” of the demand be made more specific. Order reversed, with $20 costs and disbursements, and motion denied in its entirety. Plaintiff’s time to serve his bill of particulars is extended until 20 days after entry of the order to be made hereon. Plaintiff concedes the propriety of items “1” and “ 2 ” set forth in defendant’s demand for a bill of particulars. In our opinion, items “ 3 ” through “ 6 ” of the demand properly request specific information to which plaintiff must respond. Munder, Acting P-. J., Martuscello, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 653, 340 N.Y.S.2d 871, 1973 N.Y. App. Div. LEXIS 5152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brackley-v-aetna-life-insurance-nyappdiv-1973.