Brandt v. Glottstein

Appellate Terms of the Supreme Court of New York

Brandt v. Glottstein

19 Misc. 2d 785, 193 N.Y.S.2d 686, 1959 N.Y. Misc. LEXIS 2808

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 22, 1959

StatusPublished

Cited by1 cases

This text of 19 Misc. 2d 785 (Brandt v. Glottstein) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brandt v. Glottstein, 19 Misc. 2d 785, 193 N.Y.S.2d 686, 1959 N.Y. Misc. LEXIS 2808 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

It was error to permit plaintiff to prove items of damages which were not specified in the bill of particulars (Voccia v. Pleasure Boat Co., 239 App. Div. 165, affd. 264 N. Y. 656). There shall be no reference to the fact that plaintiff received compensation under the Workmen’s Compensation Law since such fact is immaterial upon an assessment of damages.

The judgment should be unanimously reversed on the law, without costs, with leave to plaintiff to move to file a further bill of particulars upon such terms as the court below may deem proper and matter remitted to the court below for assessment of damages and entry of judgment thereon, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI