Griswold v. Kurtz

Appellate Division of the Supreme Court of New York

Griswold v. Kurtz

80 A.D.2d 983

Appellate Division of the Supreme Court of the State of New York·Decided March 26, 1981·Published·Cited by 8 cases

Opinion

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff appeals from an order of Special Term denying in part its application for an order striking certain items in defendant hospital’s demand for bill of particulars. We agree that Items Nos. 16, 19, 20, 24, 25, 26, 35, 37, 40, 41 and 42 seek evidentiary material and should be stricken. In view of counsel’s concession at oral argument concerning the remaining items in the demand, we have no occasion to pass on them. (Appeal from order of Oswego Supreme Court — protective order.) Present — Dillon, P.J., Cardamone, Simons, Doerr and Moule, JJ.

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Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff appeals from an order of Special Term denying in part its application for an order striking certain items in defendant hospital’s demand for bill of particulars. We agree that Items Nos. 16, 19, 20, 24, 25, 26, 35, 37, 40, 41 and 42 seek evidentiary material and should be stricken. In view of counsel’s concession at oral argument concerning the remaining items in the demand, we have no occasion to pass on them. (Appeal from order of Oswego Supreme Court — protective order.) Present — Dillon, P.J., Cardamone, Simons, Doerr and Moule, JJ.

Griswold v. Kurtz, 80 A.D.2d 983 (N.Y. Ct. App. 1981).

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