Majority
p. 267Henry Weinstein and Helena Weinstein, Respondents, v. John O’Leary, Appellant. First Department, October 23, 1908.
Headnote
Pleading—bill of particulars—damage to personal property and freehold.In an action to recover for injuries to personal property and to a freehold, a ME of particulars of damage is peculiarly appropriate, and a plaintiff who is able to estimate the gross sum, should be required to state the details.
Appeal by the defendant, John O’Leary, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of January, 1908, denying the defendant’s motion for a bill of particulars, and also from an order entered in said clerk’s office on the 22d day of January, 1908, resettling the prior order.
Samuel P. Goldman, for the appellant.
Samuel Fine, for the respondents.
The action is for damages to personal property and for injury to the freehold, and is a case in which a bill of particulars is peculiarly appropriate. The plaintiffs have been able to estimate the gross damage which they deem themselves to have suffered, and should find' no difficulty in stating the details thereof.
p. 268
The order appealed from must, therefore, be; reversed, with ten dollars costs and disbursements, and the motion granted except as to the sixth -item of particulars demanded.-
Present — Patterson, P. J., Ingraham, LauGhlin, Clarke and Scott, Jj.
Order reversed, with ten dollars- costs and disbursements, and motion granted except as stated -in opinion.