Summary
In King (supra) referring to "the claim of the defendants" the court stated the applicable rule as follows: "One of the objects of a bill of particulars is to ascertain the facts — not as they actually exist, but as the party from whom the bill is sought will claim them to be when called upon to prove his cause of action".
Summary of this case from McLure v. GrecoOpinion
May 31, 1940.
Appeal from Supreme Court of Bronx County, LEVY, J.
Chester Bordeau of counsel [ White Case, attorneys], for the appellant.
Philip Prosk, for the respondents.
Present — MARTIN, P.J., TOWNLEY, DORE, COHN and CALLAHAN, JJ.
The gravamen of a cause of action for slander is the utterance of defamatory matter in the hearing of at least one person. The complaint here charges that the defamatory matter was uttered "in the presence and hearing of divers persons including agents and representatives of firms with whom plaintiffs had been dealing and with whom they had good credit * * *." In view of this allegation defendant is entitled to know the names of the persons plaintiffs claim heard the defamatory matter.
The order appealed from should be modified by granting item 1 in full, and as so modified affirmed, without costs.
Order, so far as appealed from, unanimously modified by granting item 1 in full, and as so modified affirmed, without costs. Verified bill of particulars to be served within ten days after service of order.