Appellate Division of the Supreme Court of New York, 1928

New York Terrace Estates, Inc. v. Richmond Development Co.

New York Terrace Estates, Inc. v. Richmond Development Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1928
224 A.D. 765
New York Terrace Estates, Inc. v. Richmond Development Co.

Opinion of the Court

Order, in so far as appealed from, reversed upon the law, with ten dollars costs and disbursements. Defendant’s motion for a bill of particulars as to the tenth and eleventh items thereof denied, without costs. The general rule that a party may not have the names of his adversary’s witnesses is applicable to those items. The situation does not come within the well-defined exceptions to that rule. (Claflin Co. v. Knapp, 60 App. Div. 9; Goakes v. City of Oneida, 180 id. 118.) Lazansky, P. J., Young, Kapper, Seeger and Carswell, JJ., concur.

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