Stone v. Bigley Bros.

Appellate Division of the Supreme Court of New York

Stone v. Bigley Bros.

283 A.D. 931, 130 N.Y.S.2d 874, 1954 N.Y. App. Div. LEXIS 5796

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

DecidedMay 18, 1954

StatusPublished

This text of 283 A.D. 931 (Stone v. Bigley Bros.) 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

Stone v. Bigley Bros., 283 A.D. 931, 130 N.Y.S.2d 874, 1954 N.Y. App. Div. LEXIS 5796 (N.Y. Ct. App. 1954).

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Opinion

Order unanimously modified so as to require plaintiff to furnish a further bill of particulars as to items 3 and 12 in the demand and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Defendant is entitled to know under item 3 the acts which plaintiff will contend were negligent. The bill, as furnished, restates the generalizations of the complaint. If plaintiff will not claim on the trial that the injury was caused by a defective condition that should be stated in response to item 12; if a defective condition is claimed it should be particularized. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ.

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Order unanimously modified so as to require plaintiff to furnish a further bill of particulars as to items 3 and 12 in the demand and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Defendant is entitled to know under item 3 the acts which plaintiff will contend were negligent. The bill, as furnished, restates the generalizations of the complaint. If plaintiff will not claim on the trial that the injury was caused by a defective condition that should be stated in response to item 12; if a defective condition is claimed it should be particularized. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ.

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Bluebook (online)

283 A.D. 931, 130 N.Y.S.2d 874, 1954 N.Y. App. Div. LEXIS 5796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-bigley-bros-nyappdiv-1954.