Weinstein v. O'Leary

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

Decided October 23, 1908

Appellate Division of the Supreme Court of the State of New York · decided 1908-10-23

Appeal by the defendant, John O’Leary, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of January, 1908, denying the defendant’s motion for a bill of particulars, and also from an order entered in said clerk’s office on the 22d day of January, 1908, resettling the prior order.

Decided 1908-10-23

Per Curiam :

¶1The 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.

¶2 *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.-

¶3Present — Patterson, P. J., Ingraham, LauGhlin, Clarke and Scott, Jj.

¶4Order reversed, with ten dollars- costs and disbursements, and motion granted except as stated -in opinion.