Knickerbocker Trust Co. v. O'Rourke Engineering Construction Co.

Appellate Division of the Supreme Court of New York

Knickerbocker Trust Co. v. O'Rourke Engineering Construction Co.

110 A.D. 865, 97 N.Y.S. 116

Procedural entryThis page is a short order in Knickerbocker Trust Co. v. O'Rourke Engineering Construction Co.. Read the opinion of the Court — 124 A.D. 210 →

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1905·Published

Opinion

Per Curiam :

The defendant appeals from an. order granting plaintiff’s motion for a bill of particulars of certain matters alleged as a defense to the cause of action. We are of the opinion that a bill of particulars was properly ordered as to certain facts alleged and which are designated in the order “ 1 ” and “ 4.” Plaintiff was not entitled to a bill of particulars as to the items designated ,2” and “3,” nor was it entitled to all of that designated “6.” As to “6,” plaintiff is entitled to a bill of particulars as’to whether the agreement referred to in that item is in writing, and if not in writing, then a statement to that effect, and this is all it is entitled to under that item. The order appealed from, therefore, should be modified as here indicated, and as thus modified affirmed,'without costs to either party. Present Ingraham, McLaughlin, - Clarke and Houghton, JJ. Order modified as indicated in opinion, and as modified affirmed, without costs.

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Per Curiam :

The defendant appeals from an. order granting plaintiff’s motion for a bill of particulars of certain matters alleged as a defense to the cause of action. We are of the opinion that a bill of particulars was properly ordered as to certain facts alleged and which are designated in the order “ 1 ” and “ 4.” Plaintiff was not entitled to a bill of particulars as to the items designated ,2” and “3,” nor was it entitled to all of that designated “6.” As to “6,” plaintiff is entitled to a bill of particulars as’to whether the agreement referred to in that item is in writing, and if not in writing, then a statement to that effect, and this is all it is entitled to under that item. The order appealed from, therefore, should be modified as here indicated, and as thus modified affirmed,'without costs to either party. Present Ingraham, McLaughlin, - Clarke and Houghton, JJ. Order modified as indicated in opinion, and as modified affirmed, without costs.

Knickerbocker Trust Co. v. O'Rourke Engineering Construction Co., 110 A.D. 865, 97 N.Y.S. 116 (N.Y. Ct. App. 1905).

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