Miller v. Van Berg

Appellate Division of the Supreme Court of New York

Miller v. Van Berg

247 A.D. 787

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1936·Published

Opinion

On appeal by defendants from so much of an order as grants plaintiff’s cross-motion for an examination of defendants before trial, order reversed in so far as it grants said cross-motion, with leave to plaintiff to apply for examination before trial, if defendants attend the trial, and for postponement of the trial for such purpose; and, in so far as it denies defendant Albert Worms’ motion for a bill of particulars as to certain items, reversed, and the motion in all respects granted. Bill of particulars to be served within ten days after service of a copy of the order with notice of entry. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Dore and Cohn, JJ.

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On appeal by defendants from so much of an order as grants plaintiff’s cross-motion for an examination of defendants before trial, order reversed in so far as it grants said cross-motion, with leave to plaintiff to apply for examination before trial, if defendants attend the trial, and for postponement of the trial for such purpose; and, in so far as it denies defendant Albert Worms’ motion for a bill of particulars as to certain items, reversed, and the motion in all respects granted. Bill of particulars to be served within ten days after service of a copy of the order with notice of entry. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Dore and Cohn, JJ.

Miller v. Van Berg, 247 A.D. 787 (N.Y. Ct. App. 1936).

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