Groff v. Hagan — 68 N.Y. St. Rep. 365

Majority

p. 365

Frederick G. Groff, as Assignee, etc., Resp’t, v. Thomas Hagan, App’lt.

(New York City Court, General Term,

Filed June 25, 1895.

Headnote

Bill of particulars — Affidavit by attorney.

An order for a bill of particulars will not be granted on the affidavit of the attorney.

Appeal from an order, denying a motion for a bill of particulars.

Ezekiel Fixman, for app’lt; A. R. Bunnell, for resp’t.

— Without considering all the questions raised "by the appellant, there is one reason why the order appealed from should be reversed. The affidavit upon which the order is made is by the attorney for the plaintiff. It has been repeatedly held that an order for a bill of particulars will not be granted on the

p. 366

affidavit of the attorney. Van Olinda v. Hall, 64 St. Rep. 94 ; Dueber Watch-Case Manuf'g Co, v. Keystone Watch-Case Co., 50 St. Rep. 417 ; Gridley v. Gridley, 7 Civ. Proc. R 215.

The order appealed -from must therefore be reversed, with costs.