Souveran Fabrics Corp. v. Virginia Fibre Corp.

32 A.D.2d 753, 301 N.Y.S.2d 273, 1969 N.Y. App. Div. LEXIS 3775

Opinion

Order entered August 1, 1968, reversed on the law and in the exercise of discretion, with $30 costs and disbursements- to the appellant, and motion to vacate the demand for .bill of -particulars granted. Defendant should not .be required to detail in a bill of particulars the statutes and decisional law upon which it relies. (See Gevinson v. Kirkeby-Natus Corp., 26 A D 2d 71) Since the court is required to take judicial notice of ¡the law of New York without evidence to establish it (Richardson, Evidence [9th ed.], § 7) the defendant need not particularize the provisions of such law. Concur—Capozzoli, J. P., Tilzer, ■Markewich,.Nunez and McNally, JJ.