Weinstein v. O'Leary

Appellate Division of the Supreme Court of New York

Weinstein v. O'Leary

128 A.D. 267, 112 N.Y.S. 641, 1908 N.Y. App. Div. LEXIS 449

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

DecidedOctober 23, 1908

StatusPublished

Cited by1 cases

This text of 128 A.D. 267 (Weinstein v. O'Leary) 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

Weinstein v. O'Leary, 128 A.D. 267, 112 N.Y.S. 641, 1908 N.Y. App. Div. LEXIS 449 (N.Y. Ct. App. 1908).

Pincite

Opinion

Per Curiam :

The action is for damages to personal property and for injury to the freehold, and is a case in which a bill of particulars is peculiarly appropriate. The plaintiffs have been able to estimate the gross damage which they deem themselves to have suffered, and should find' no difficulty in stating the details thereof.

[268]*268The order appealed from must, therefore, be; reversed, with ten dollars costs and disbursements, and the motion granted except as to the sixth -item of particulars demanded.-

Present — Patterson, P. J., Ingraham, LauGhlin, Clarke and Scott, Jj.

Order reversed, with ten dollars- costs and disbursements, and motion granted except as stated -in opinion.

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