Appellate Terms of the Supreme Court of New York, 1931

Adler v. Libit Chemical Co.

Appellate Terms of the Supreme Court of New York · Decided March 6, 1931

139 Misc. 449; 248 N.Y.S. 471; 1931 N.Y. Misc. LEXIS 1144

Counsel

Samuel Zinman [Vita Lipschults with him on the brief], for the appellant., Shepard Broad, for the respondent.

Opinion of the Court

Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and motion remitted *450to the court below for consideration and decision upon the merits. Where a bill of particulars has been ordered and the bill served does not comply with some or all of the requirements of the order, it may be returned and thereupon a motion for a preclusion may be made, (de Gumoens v. Equitable Trust Co., 211 App. Div. 399; Hurtog v. Lewis, 200 id. 649; Witschieben v. Glynn, 156 id. 193.)

All concur. Present, Cropsey, MacCrate and Lewis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.