Groff v. Hagan

City of New York Municipal Court

Groff v. Hagan

13 Misc. 322

CourtCity of New York Municipal Court

DecidedJune 15, 1895

StatusPublished

Cited by2 cases

This text of 13 Misc. 322 (Groff v. Hagan) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Groff v. Hagan, 13 Misc. 322 (N.Y. Super. Ct. 1895).

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Opinion

Newburger, J.

Without considering all the questions raised by the appellant, there is one reason why the order appealed from should be reversed.

The affidavit upon which the order is made is by the attorney for the plaintiff.

It has been repeatedly held that an order for a bill of particulars will not be granted on the affidavit of the attorney. Van Olinda v. Hall, 31 N. Y. Supp. 495; Dueber Co. v. Keystone Co., 21 id. 442; Gridley v. Gridley, 7 Civ. Proc. Rep. 215.

The order appealed from must, therefore, be reversed, with costs.

Conlan, J., concurs.

Order reversed, with costs.

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Newburger, J.

Without considering all the questions raised by the appellant, there is one reason why the order appealed from should be reversed.

The affidavit upon which the order is made is by the attorney for the plaintiff.

It has been repeatedly held that an order for a bill of particulars will not be granted on the affidavit of the attorney. Van Olinda v. Hall, 31 N. Y. Supp. 495; Dueber Co. v. Keystone Co., 21 id. 442; Gridley v. Gridley, 7 Civ. Proc. Rep. 215.

The order appealed from must, therefore, be reversed, with costs.

Conlan, J., concurs.

Order reversed, with costs.

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13 Misc. 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groff-v-hagan-nynyccityct-1895.

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