Cohen v. Paprocki
This text of 158 Misc. 465 (Cohen v. Paprocki) 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.
Opinion
The procedure for obtaining a bill of particulars in an action in the Municipal Court of the City of New York is provided for in subdivision 7 of section 78 of the Municipal Court Code. The board of justices of the Municipal Court was, therefore, without authority to adopt rule 17 of the Central Motion Part Rules, because such rule contravenes subdivision 7 of section 78 of the Municipal Court Code and attempts to regulate a matter of procedure specifically provided for by law.
Order denying plaintiff’s application to vacate the order reversed and order vacated and set aside, with ten dollars costs to the appellant.
All concur. Present — Lydon, Hammer and Frankenthaler, JJ.
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Cite This Page — Counsel Stack
158 Misc. 465, 286 N.Y.S. 26, 1936 N.Y. Misc. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-paprocki-nyappterm-1936.