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Convery v. Marrin

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1908
128 App. Div. 265 (N.Y. App. Div. 1908)

Opinion

October 23, 1908.

William L. O'Brion, for the appellants.

Present — PATTERSON, P.J., INGRAHAM, LAUGHLIN, CLARKE and SCOTT, JJ.


Appeal from an order denying a motion for a bill of particulars.

The action is for damages for the death of plaintiff's intestate, and the complaint is in the usual general form charging the defendants with every possible form of negligence. The defendants' motion for a bill of particulars has been denied upon the ground of laches, based apparently upon the fact that the motion was not made until the eve of the trial. It does not appear that plaintiff has lost anything by the delay, or that she would be compelled to submit to a postponement of her trial if required to furnish the required particulars. In fact it may well be that she is in a better position to do this now than she would have been earlier in the litigation before she had had an opportunity to ascertain just what evidence she could command. If she is prepared to go to trial, she must know what she will undertake to prove, and should find no difficulty in furnishing the particulars demanded. The rule under which motions are often denied on account of laches on the part of the moving party has no application to such a case.

The order should be reversed, with ten dollars costs and disbursements, and motion granted.


Order reversed, with ten dollars costs and disbursements, and motion granted.


Summaries of

Convery v. Marrin

Appellate Division of the Supreme Court of New York, First Department
Oct 23, 1908
128 App. Div. 265 (N.Y. App. Div. 1908)
Case details for

Convery v. Marrin

Case Details

Full title:BRIDGET CONVERY, as Administratrix, etc., of JAMES CONVERY, Deceased…

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

Date published: Oct 23, 1908

Citations

128 App. Div. 265 (N.Y. App. Div. 1908)
112 N.Y.S. 673

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