← Cases

Daley v. Austin

56 A.D.2d 737 Court N.Y. App. Div. Decision date 1977-02-25 English

Contents

Majority

p. 737
Le Roy L. Daley, Appellant, v Ann Austin, as Administratrix of the Estate of Elwood Austin, Deceased, Defendant, and Norman S. Curry et al., Respondents.

Order unanimously reversed, without costs, and motion granted. Memorandum: Under the circumstances of this case plaintiff should be permitted to amend his bill of particulars to set forth the integral specification of negligence which he now seeks to include in his bill of particulars. (Appeal from order of Herkimer Supreme Court—bill of particulars.) Present—Marsh, P. J., Moule, Cardamone, Simons and Goldman, JJ.