Bruder v. Schwartz

Appellate Division of the Supreme Court of New York

Bruder v. Schwartz

259 A.D. 905, 20 N.Y.S.2d 68, 1940 N.Y. App. Div. LEXIS 7225

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

DecidedMay 14, 1940

StatusPublished

This text of 259 A.D. 905 (Bruder v. Schwartz) 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

Bruder v. Schwartz, 259 A.D. 905, 20 N.Y.S.2d 68, 1940 N.Y. App. Div. LEXIS 7225 (N.Y. Ct. App. 1940).

Pincite

Opinion

Order in so far as it denies defendant’s motion to strike items 5, 6 and 7 from the plaintiffs’ demand for a bill of particulars of the defense of release interposed by the defendant to the plaintiffs’ cause of action for specific performance of an alleged contract for the making by the defendant’s decedent, William Schwartz, and his wife, Celia Schwartz, of mutual and irrevocable wills, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Items 5, 6 and 7 improperly seek the evidence upon which defendant relies to sustain his defense, and improperly seek the names and addresses of his witnesses. Especially is this so in view of what the defendant is required to furnish under items 1, 2 and 3 of the demand for a bill of particulars. Verified bill of particulars of items 1, 2 and 3 to be furnished within five days after the entry of the order hereon. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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

Order in so far as it denies defendant’s motion to strike items 5, 6 and 7 from the plaintiffs’ demand for a bill of particulars of the defense of release interposed by the defendant to the plaintiffs’ cause of action for specific performance of an alleged contract for the making by the defendant’s decedent, William Schwartz, and his wife, Celia Schwartz, of mutual and irrevocable wills, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Items 5, 6 and 7 improperly seek the evidence upon which defendant relies to sustain his defense, and improperly seek the names and addresses of his witnesses. Especially is this so in view of what the defendant is required to furnish under items 1, 2 and 3 of the demand for a bill of particulars. Verified bill of particulars of items 1, 2 and 3 to be furnished within five days after the entry of the order hereon. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D. 905, 20 N.Y.S.2d 68, 1940 N.Y. App. Div. LEXIS 7225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruder-v-schwartz-nyappdiv-1940.