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Chinery v. Brooklyn Union Gas Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1939
258 App. Div. 727 (N.Y. App. Div. 1939)

Summary

In Chinery v. Brooklyn Union Gas Co., 258 App. Div. 727, 14 N.Y.S.2d 862, 863, the court stated that the "defendant is entitled to know what the plaintiffs claim as the basis for the amount of damages demanded."

Summary of this case from Muir v. Haggerty

Opinion

October 9, 1939.


Action to recover damages for alleged wrongful death of decedents. Appeal by plaintiffs from so much of an order as granted items 4, 5, 6, 9, 10 and 11 of the corporate defendant's demand for a bill of particulars. Cross-appeal by the corporate defendant from so much of said order as disallowed particulars as to items 2, 13, 14, 15, 17 and 19 of said demand. Order modified by allowing items 2, 13, 14, 15, 17 and 19 of the corporate defendant's demand, in addition to the items heretofore allowed, and, as thus modified, affirmed, with ten dollars costs and disbursements to the corporate defendant. Verified bill of particulars to be served within ten days from the entry of the order hereon. It was proper to allow items 4, 5, 6, 9, 10 and 11. The corporate defendant is entitled to know what the plaintiffs claim as the basis for the amount of damages demanded, and the relationship of the next of kin on whose behalf the actions are brought. Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.


Summaries of

Chinery v. Brooklyn Union Gas Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1939
258 App. Div. 727 (N.Y. App. Div. 1939)

In Chinery v. Brooklyn Union Gas Co., 258 App. Div. 727, 14 N.Y.S.2d 862, 863, the court stated that the "defendant is entitled to know what the plaintiffs claim as the basis for the amount of damages demanded."

Summary of this case from Muir v. Haggerty
Case details for

Chinery v. Brooklyn Union Gas Co.

Case Details

Full title:GEORGE F. CHINERY, as Administrator, etc., of GEORGE CHINERY, Deceased…

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

Date published: Oct 9, 1939

Citations

258 App. Div. 727 (N.Y. App. Div. 1939)

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