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Dezendorf v. Poppke

153 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1915-05-28 English

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p. 1112
DEZENDORF, Respondent, v. POPPKE, Appellant.
(Supreme Court, Appellate Division, Second Department.
May 28, 1915.)

Headnote

Action by Alexander Dezendorf, an infant, etc., against John F. Poppke.

Although defendant did not seek a bill of particulars till on the eve of trial, there is no evidence that plaintiff had been harmed by such delay, since, if ready to go to trial, plaintiff must know what he is undertaking to prove, and hence can give the particulars asked for. Mere laches, without other prejudice to plaintiff, is not a sufficient ground to deny such application. Convery v. Marrin, 128 App. Div. 265 , 112 N. Y. Supp. 673 . The order of the _ County Court of Kings County, denying motion for a bill of particulars on the ground of laches, is therefore reversed, with $10 costs and disbursements. See, also, 153 N. Y. Supp. 1112.