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Nadalin v. T. Hogan Sons, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 1, 1927
220 App. Div. 748 (N.Y. App. Div. 1927)

Opinion

May, 1927.

Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.


Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, upon the ground that the bill of particulars predicated negligence upon the use of buckets, whereas plaintiff at the trial sought to rely not upon any defect in the buckets, but upon the use of buckets in connection with certain rigging. This necessitated testimony as to the rigging, which defendant was obviously not prepared to meet. The defendant was not fairly notified in accordance with its demand of the ground upon which plaintiff would rely to predicate negligence. ( Lazarowitz v. Levy, 194 App. Div. 400. )


Summaries of

Nadalin v. T. Hogan Sons, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 1, 1927
220 App. Div. 748 (N.Y. App. Div. 1927)
Case details for

Nadalin v. T. Hogan Sons, Inc.

Case Details

Full title:ANDREW NADALIN, Respondent, v. T. HOGAN SONS, INC., Appellant

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

Date published: May 1, 1927

Citations

220 App. Div. 748 (N.Y. App. Div. 1927)