In re the Intermediate Accounting of Gerdik

New York Surrogate's Court

In re the Intermediate Accounting of Gerdik

13 Misc. 2d 908, 178 N.Y.S.2d 684, 1958 N.Y. Misc. LEXIS 2506

DecidedOctober 20, 1958

StatusPublished

This text of 13 Misc. 2d 908 (In re the Intermediate Accounting of Gerdik) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Intermediate Accounting of Gerdik, 13 Misc. 2d 908, 178 N.Y.S.2d 684, 1958 N.Y. Misc. LEXIS 2506 (N.Y. Super. Ct. 1958).

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Opinion

John D. Bennett, S.

Considering the respondent’s motion also as an -application to open his default, the motion to modify the order for a bill of particulars dated June 27, 1958 is granted by deleting therefrom item No. 5. Ordinarily, the names and addresses of witnesses to the negotiations between the parties may not be obtained by means of a bill of particulars (Schafrann v. Ruthberg, 43 N. Y. S. 2d 614). No facts have been alleged by petitioner which would entitle him to be considered within any of the recognized exceptions to this rule (Schafrann v. Ruthberg, supra). The cross motion for an order of preclusion is accordingly denied.

Settle order on five days’ notice.

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John D. Bennett, S.

Considering the respondent’s motion also as an -application to open his default, the motion to modify the order for a bill of particulars dated June 27, 1958 is granted by deleting therefrom item No. 5. Ordinarily, the names and addresses of witnesses to the negotiations between the parties may not be obtained by means of a bill of particulars (Schafrann v. Ruthberg, 43 N. Y. S. 2d 614). No facts have been alleged by petitioner which would entitle him to be considered within any of the recognized exceptions to this rule (Schafrann v. Ruthberg, supra). The cross motion for an order of preclusion is accordingly denied.

Settle order on five days’ notice.

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Bluebook (online)

13 Misc. 2d 908, 178 N.Y.S.2d 684, 1958 N.Y. Misc. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-intermediate-accounting-of-gerdik-nysurct-1958.