Lynch v. Lynch

Appellate Division of the Supreme Court of New York

Lynch v. Lynch

64 A.D.2d 694, 407 N.Y.S.2d 627, 1978 N.Y. App. Div. LEXIS 12524

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

DecidedJuly 31, 1978

StatusPublished

This text of 64 A.D.2d 694 (Lynch v. Lynch) 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

Lynch v. Lynch, 64 A.D.2d 694, 407 N.Y.S.2d 627, 1978 N.Y. App. Div. LEXIS 12524 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action for a divorce, the plaintiff wife appeals from so much of an order of the Supreme Court, Rockland County, entered March 13, 1978, as, upon her motion to strike defendant’s demand for a bill of particulars, failed to grant the relief in its entirety. Order modified by adding thereto a provision striking Items Nos. 1, 5, 7 and 10 from defendant’s demand for a bill of particulars. As so modified, order affirmed insofar as appealed from, without costs or disbursements. Items Nos. 1 and 5 of defendant’s demand for a bill of particulars seek matter which is also sought in other paragraphs of the demand. To that extent, those two paragraphs are burdensome and they should be stricken (see 6 Carmody-Wait 2d, NY Prac, Bills of Particulars, § 36:20). Items Nos. 7 and 10 seek the names of the issue of the marriage who were allegedly present during acts of cruelty by defendant. A party will not be compelled to state the names of his witnesses. Titone, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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In an action for a divorce, the plaintiff wife appeals from so much of an order of the Supreme Court, Rockland County, entered March 13, 1978, as, upon her motion to strike defendant’s demand for a bill of particulars, failed to grant the relief in its entirety. Order modified by adding thereto a provision striking Items Nos. 1, 5, 7 and 10 from defendant’s demand for a bill of particulars. As so modified, order affirmed insofar as appealed from, without costs or disbursements. Items Nos. 1 and 5 of defendant’s demand for a bill of particulars seek matter which is also sought in other paragraphs of the demand. To that extent, those two paragraphs are burdensome and they should be stricken (see 6 Carmody-Wait 2d, NY Prac, Bills of Particulars, § 36:20). Items Nos. 7 and 10 seek the names of the issue of the marriage who were allegedly present during acts of cruelty by defendant. A party will not be compelled to state the names of his witnesses. Titone, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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Bluebook (online)

64 A.D.2d 694, 407 N.Y.S.2d 627, 1978 N.Y. App. Div. LEXIS 12524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-lynch-nyappdiv-1978.