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Berger v. American National Fire Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1953
281 App. Div. 801 (N.Y. App. Div. 1953)

Opinion

January 14, 1953.

Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.


Order insofar as appealed from reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. Memorandum: The Legislature has provided that the regulation of the practice pertaining to bills of particulars shall be by court rules. (Civ. Prac. Act, § 247.) We find nothing in the court rules which precludes a party or its attorney to allege its particulars on information and belief where, as here, the sources of his knowledge are set forth in the verification. All concur. (Appeal from part of an order amending a bill of particulars.)


Summaries of

Berger v. American National Fire Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1953
281 App. Div. 801 (N.Y. App. Div. 1953)
Case details for

Berger v. American National Fire Insurance Company

Case Details

Full title:SAMUEL BERGER et al., Doing Business as RUTH'S SPECIALTY SHOP, et al.…

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

Date published: Jan 14, 1953

Citations

281 App. Div. 801 (N.Y. App. Div. 1953)