Pascale v. City of New York

Appellate Division of the Supreme Court of New York

Pascale v. City of New York

277 A.D.2d 1004

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

DecidedOctober 23, 1950

StatusPublished

This text of 277 A.D.2d 1004 (Pascale v. City of New York) 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

Pascale v. City of New York, 277 A.D.2d 1004 (N.Y. Ct. App. 1950).

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Opinion

Action to recover damages for personal injuries and for wrongful death of plaintiff’s intestate, alleged to have resulted from falling on snow and ice. Order on reargument modified on the law and the facts by striking therefrom the words “ in all respects denied ” and inserting in place thereof the following: “ granted unless the defendant serves a bill of particulars of the alleged contributory negligence of plaintiff’s intestate or of the negligence of third parties, and if such particulars are not within its knowledge, that defendant so state and declare its intention to rely upon the developments of the trial for proof of such affirmative defense, in which event the motion to preclude is denied.” As thus modified, the order, insofar as appealed from, is affirmed with $10 costs and disbursements to appellant. (Anton v. Boal, 270 App. Div. 1035, and cases cited therein.) The bill of particulars shall be served within ten days from the entry of the order hereon. Nolan, P. J., Carswell, Sneed, Wenzel and Mac-Crate, JJ., concur.

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Action to recover damages for personal injuries and for wrongful death of plaintiff’s intestate, alleged to have resulted from falling on snow and ice. Order on reargument modified on the law and the facts by striking therefrom the words “ in all respects denied ” and inserting in place thereof the following: “ granted unless the defendant serves a bill of particulars of the alleged contributory negligence of plaintiff’s intestate or of the negligence of third parties, and if such particulars are not within its knowledge, that defendant so state and declare its intention to rely upon the developments of the trial for proof of such affirmative defense, in which event the motion to preclude is denied.” As thus modified, the order, insofar as appealed from, is affirmed with $10 costs and disbursements to appellant. (Anton v. Boal, 270 App. Div. 1035, and cases cited therein.) The bill of particulars shall be served within ten days from the entry of the order hereon. Nolan, P. J., Carswell, Sneed, Wenzel and Mac-Crate, JJ., concur.

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277 A.D.2d 1004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pascale-v-city-of-new-york-nyappdiv-1950.

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