From Casetext: Smarter Legal Research

Loewenthal v. Globe and Rutgers Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1909
132 App. Div. 890 (N.Y. App. Div. 1909)

Opinion

April, 1909.


This court held in Spencer v. Fort Orange Paper Co. ( 74 App. Div. 74) that "the granting or withholding of a bill of particulars is within the discretion of the court, and where there has been no abuse of this discretion the appellate courts will not, as a rule, interfere." This principle has been universally adopted by the appellate courts of this State. The record in the case at bar presents no abuse of discretion, and the order must be affirmed, with ten dollars costs and disbursements. Woodward, Jenks, Gaynor and Burr, JJ., concurred. Order affirmed, with ten dollars costs and disbursements.


Summaries of

Loewenthal v. Globe and Rutgers Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1909
132 App. Div. 890 (N.Y. App. Div. 1909)
Case details for

Loewenthal v. Globe and Rutgers Insurance Company

Case Details

Full title:IRWIN S. LOEWENTHAL, Appellant, v . GLOBE AND RUTGERS INSURANCE COMPANY…

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

Date published: Apr 1, 1909

Citations

132 App. Div. 890 (N.Y. App. Div. 1909)

Citing Cases

Havholm v. Whale Creek Iron Works

The power existing to grant or to withhold is in the discretion of the Special Term; and where there has been…