Hyperlawhypertext legal database Costello v. Costello 51 N.Y.S. 1140

← Cases

Costello v. Costello

51 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1898-04-22 English

Contents

Majority

p. 1140
COSTELLO, Respondent, v. COSTELLO, Appellant.
(Supreme Court, Appellate Division, First Department.
April 22, 1898.)

Headnote

Appeal from special term. Action by S. Caroline Costello against John H. Costello. From an order directing defendant to serve bill of particulars he appeals. Modified. J. Delahunty, for appellant. M. Schaap, for respondent.

We think that the statement produced upon the argument of the motion, and which is designated a bill of particulars, furnishes the plaintiff with all the information to which she is entitled; and upon the defendant serving on the plaintiff such paper as a bill of particulars, and paying $10 costs of the motion below, the motion for further particulars should be denied. The order appealed from should be modified accordingly, without costs of this appeal to either party.