Frankel v. Keller Printing Co.

Appellate Terms of the Supreme Court of New York

Frankel v. Keller Printing Co.

92 N.Y.S. 282

Appellate Terms of the Supreme Court of New York·Decided February 23, 1905·Published

Opinion

PER CURIAM.

Based upon an affidavit full and complete, specifying, among other things, that the defendant cannot safely proceed to trial without the particulars asked for, a motion was made for a bill of particulars in this action. This affidavit was not disputed, the plaintiff submitting no answering affidavits. In view of the undisputed allegation set forth in said affidavit showing a proper case for the ordering of a bill of particulars, the order herein should be reversed.

Order reversed, with $10 costs and disbursements.

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PER CURIAM.

Based upon an affidavit full and complete, specifying, among other things, that the defendant cannot safely proceed to trial without the particulars asked for, a motion was made for a bill of particulars in this action. This affidavit was not disputed, the plaintiff submitting no answering affidavits. In view of the undisputed allegation set forth in said affidavit showing a proper case for the ordering of a bill of particulars, the order herein should be reversed.

Order reversed, with $10 costs and disbursements.

Frankel v. Keller Printing Co., 92 N.Y.S. 282 (N.Y. Ct. App. 1905).

Pincite

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