PASCALE v. CITY OF NEW YORK


277 A.D. 1004 (1950)

Edward Pascale, as Administrator of The Estate of Carmella Pascale, Deceased, Appellant, v. City of New York, Respondent

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

October 23, 1950.


Order on reargument modified on the law and the facts by striking therefrom the words "in all respects denied" and inserting in place thereof the following: "granted unless the defendant serves a bill of particulars of the alleged contributory negligence of plaintiff's intestate or of the negligence of third parties, and if such particulars are not within its knowledge, that defendant so state and declare its intention to rely upon the developments of the trial for proof...

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