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Porte v. Porte

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 850 (N.Y. App. Div. 1949)

Opinion

May 16, 1949.


In an action by a wife against her husband to recover for necessaries, order granting in part motion of plaintiff to vacate or modify demand of defendant for a bill of particulars modified on the law and the facts by striking out all of the ordering paragraphs and by providing in lieu thereof the following: "Ordered that the plaintiff's motion be and the same is hereby denied, and that the plaintiff serve upon the attorney for the defendant, within 20 days after the service of a copy of this order, with notice of entry thereof upon the attorney for plaintiff, a verified bill of particulars in accordance with defendant's demand." As so modified, the order, insofar as appealed from, is affirmed, without costs, with leave to plaintiff to serve the aforesaid bill of particulars within ten days from the entry of the order hereon. Defendant is entitled to be advised in advance of the trial of all material factors with respect to the alleged expenditures for necessaries, the amounts and by whom such sums were advanced. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.


Summaries of

Porte v. Porte

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 850 (N.Y. App. Div. 1949)
Case details for

Porte v. Porte

Case Details

Full title:HELEN PORTE, Respondent, v. RAPHAEL PORTE, Appellant, and ANNA TURKEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 16, 1949

Citations

275 App. Div. 850 (N.Y. App. Div. 1949)