HOGAN v. JARKA CORP.


277 A.D. 904 (1950)

John Hogan, Respondent, v. The Jarka Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 26, 1950.


No opinion.

Wenzel, J., dissents and votes to reverse the order and to deny the motion, with the following memorandum:

The accident which is the basis for this suit occurred in September of 1944. The action thereon was not commenced until April, 1947. A bill of particulars was demanded on July 17, 1947. It was not served although defendant was clearly entitled to it. The defendant was, therefore, compelled on January 16, 1948, to move for an order...

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