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MANACHER v. CENT. COAL CO., INC.

2 A.D.2d 667 (1956)

Alfred T. Manacher, Suing on Behalf of Himself, the Corporate Defendants, and All Other Stockholders of Said Corporate Defendants Herein, Respondent, v. Central Coal Co., Inc., et al., Defendants, and Irving A. Manacher et al., Appellants

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

June 19, 1956

The complaint is deficient on the specific basis of the motion under rule 102 of the Rules of Civil Practice — the silence of the complaint as to the dates of occurrence of the alleged wrongs. Normally it is the function of the bill of particulars to furnish this type of information but, were the various dates set forth in the complaint, defendants might be enabled to move under the Statute of Limitations to dismiss such portions thereof as may be barred by lapse of...

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