March, 1930.
Order granting defendant's motion for a bill of particulars modified by disallowing items V, VI, VII, VIII, IX and X. As so modified, the order, in so far as appealed from, is affirmed, without costs. Plaintiffs are not required to disclose evidentiary facts under the guise of a bill of particulars. Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.
Full title:FLORENCE FERRO, an Infant, by Her Guardian ad Litem, JERRY FERRO, and…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Mar 1, 1930
A bill of particulars is not intended to be of aid to a party in obtaining evidentiary material. Its purpose…
Matter of HerleIt follows, therefore, that knowledge of the actual facts is not necessarily a bar to the relief ( Dunn v.…