Raymond Lee Organization, Inc. v. Axe

Appellate Division of the Supreme Court of New York

Raymond Lee Organization, Inc. v. Axe

48 A.D.2d 786, 372 N.Y.S.2d 187, 1975 N.Y. App. Div. LEXIS 9961

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1975·Published

Opinion

Order, Supreme Court, New York County, entered June 14, 1974, unanimously modified, on the law and on the facts, to the extent of striking subdivisions (c), (d), (e), (f) and (h) of paragraph 45 of respondent’s demand for a bill of particulars, and otherwise affirmed, without costs and without disbursements. The items stricken seek disclosure of evidentiary matter not obtainable through a bill of particulars, the purpose of which "is to amplify the pleading, limit the proof and prevent surprise at the trial.” (State of New York v Horsemen’s Benevolent & Protective Assoc. [NY DivJ, 34 AD2d 769, 770.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered June 14, 1974, unanimously modified, on the law and on the facts, to the extent of striking subdivisions (c), (d), (e), (f) and (h) of paragraph 45 of respondent’s demand for a bill of particulars, and otherwise affirmed, without costs and without disbursements. The items stricken seek disclosure of evidentiary matter not obtainable through a bill of particulars, the purpose of which "is to amplify the pleading, limit the proof and prevent surprise at the trial.” (State of New York v Horsemen’s Benevolent & Protective Assoc. [NY DivJ, 34 AD2d 769, 770.) Concur—Stevens, P. J., Murphy, Lupiano, Capozzoli and Nunez, JJ.

Raymond Lee Organization, Inc. v. Axe, 48 A.D.2d 786, 372 N.Y.S.2d 187, 1975 N.Y. App. Div. LEXIS 9961 (N.Y. Ct. App. 1975).

Pincite

48 A.D.2d 786 (Raymond Lee Organization, Inc. v. Axe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related