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Mertz v. de Landa

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1940
260 App. Div. 1034 (N.Y. App. Div. 1940)

Opinion

December 16, 1940.


From an order modifying plaintiffs' demand for a bill of particulars, the defendant appeals. The order, in so far as appealed from, is modified by eliminating from such demand items 8, 9 and 11, and, as so modified, is affirmed, without costs, the bill of particulars to be furnished within ten days from the entry of the order hereon. The items eliminated would require the defendant to furnish evidence to the plaintiffs, which she is not required to do. ( Knickerbocker Trust Co. v. Miller, 149 App. Div. 685; Burns v. Lipson, 204 id. 643, 645.) Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ., concur.


Summaries of

Mertz v. de Landa

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1940
260 App. Div. 1034 (N.Y. App. Div. 1940)
Case details for

Mertz v. de Landa

Case Details

Full title:CHARLES B. MERTZ and Others, Respondents, v. VIRGINIA WILLYS DE LANDA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1940

Citations

260 App. Div. 1034 (N.Y. App. Div. 1940)

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