Globe Indemnity Co. v. Bower

Appellate Division of the Supreme Court of New York

Globe Indemnity Co. v. Bower

24 A.D.2d 939, 265 N.Y.S.2d 580, 1965 N.Y. App. Div. LEXIS 2842

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

DecidedDecember 9, 1965

StatusPublished

This text of 24 A.D.2d 939 (Globe Indemnity Co. v. Bower) 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

Globe Indemnity Co. v. Bower, 24 A.D.2d 939, 265 N.Y.S.2d 580, 1965 N.Y. App. Div. LEXIS 2842 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order entered July 8, 1965, granting and denying in part plaintiffs motion to vacate or modify defendants’ demand for a bill of particulars, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of providing that the bill of particulars is to be served within 30 days after the conclusion of the examination of defendants, and, as so modified, affirmed, without costs. Special circumstances exist in this action against a former employee, his wife and corporations to account for secret and illicit gains arising out and in the course of his employment. The particulars sought would appear peculiarly within the knowledge of the defendants and the plaintiff should have the benefit of the defendants’ examination before trial in complying with the demand for particulars. Settle order on notice fixing date for examination to proceed. Concur — Valente, J. P., McNally, Eager and Steuer, JJ.

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Order entered July 8, 1965, granting and denying in part plaintiffs motion to vacate or modify defendants’ demand for a bill of particulars, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of providing that the bill of particulars is to be served within 30 days after the conclusion of the examination of defendants, and, as so modified, affirmed, without costs. Special circumstances exist in this action against a former employee, his wife and corporations to account for secret and illicit gains arising out and in the course of his employment. The particulars sought would appear peculiarly within the knowledge of the defendants and the plaintiff should have the benefit of the defendants’ examination before trial in complying with the demand for particulars. Settle order on notice fixing date for examination to proceed. Concur — Valente, J. P., McNally, Eager and Steuer, JJ.

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Bluebook (online)

24 A.D.2d 939, 265 N.Y.S.2d 580, 1965 N.Y. App. Div. LEXIS 2842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-indemnity-co-v-bower-nyappdiv-1965.