Majority
p. 399(110 App. Div. 865) LEVY v. NEW YORK CITY RY. CO. (Supreme Court, Appellate Division, First Department. December 8, 1905.) Argued before O’BRIEN, P. J., and McLAUGHLIN, INGRAHAM, LAUGHLIN, and HOUGHTON, JJ.
Headnote
1. Pleading—Bill ojt Pabticulaks—Allegations oe Complaint.In an action for injuries, a portion of an order for a bill of particulars requiring a statement as to moneys paid out for medical attention was erroneous; the allegation of the complaint being that plaintiff would necessarily expend money in an endeavor to be cured.
2. Same—Element oe-Damage.
In an action for injuries, a bill of particulars may be required, showing in detail how long the plaintiff has been prevented from attending to her business and deprived of her earnings, giving the nature of her business, the amount of income derived therefrom, or, if employed, the amount of her salary.
Appeal from Special Term.
Action by Jessie Levy against the New York City Railway Company. Appeal by plaintiff from an order granting a motion for a bill of particulars.
Modified and affirmed.
J. A. Douglas, for appellant.
B. H. Ames, for respondent.
The order should be modified by striking out that part of-the order designated “2,” because there is no allegation in the complaint that the plaintiff has paid out any money. The only allegation is that she will necessarily expend money in endeavoring to
p. 400
be cured. That portion of the order designated “1” may be permitted to stand, in so far as to require a statement showing in detail how long the plaintiff has been prevented from attending to her business and deprived of her earnings, giving the nature of her business and the amount of income derived therefrom, or, if employed, the amount of her salary.
As thus modified, the order should be affirmed, without costs to either party.