Sorrentino v. Rowntree

Appellate Division of the Supreme Court of New York

Sorrentino v. Rowntree

272 A.D.2d 881

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

DecidedJune 17, 1947

StatusPublished

This text of 272 A.D.2d 881 (Sorrentino v. Rowntree) 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

Sorrentino v. Rowntree, 272 A.D.2d 881 (N.Y. Ct. App. 1947).

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Opinion

Plaintiff’s objections to items 3 and 6 in the demand for bill of particulars should have been made by motion to modify the demand and should not have awaited a motion to preclude. We are not satisfied that plaintiff’s delay in complying with the demand has been altogether excusable, but we think under all the circumstances that the order of preclusion was not provident. The order appealed from is unanimously reversed, without costs, on condition that plaintiff serve his bill of particulars within ten days from the entry of the order hereon; otherwise the order is affirmed. Settle order on notice. Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.

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Plaintiff’s objections to items 3 and 6 in the demand for bill of particulars should have been made by motion to modify the demand and should not have awaited a motion to preclude. We are not satisfied that plaintiff’s delay in complying with the demand has been altogether excusable, but we think under all the circumstances that the order of preclusion was not provident. The order appealed from is unanimously reversed, without costs, on condition that plaintiff serve his bill of particulars within ten days from the entry of the order hereon; otherwise the order is affirmed. Settle order on notice. Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.

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Bluebook (online)

272 A.D.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrentino-v-rowntree-nyappdiv-1947.