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MATTER OF GERDIK

13 Misc.2d 908 (1958)

In the Matter of the Intermediate Accounting of Estelle Gerdik, as Administratrix of The Estate of Louis Gerdik, Deceased.

Surrogate's Court, Nassau County.

October 20, 1958.

Attorney(s) appearing for the Case

Simonson & O'Brien for petitioner.

George E. Mulry for Anna Gerdik, claimant.

JOHN D. BENNETT, S.

Considering the respondent's motion also as an application to open his default, the motion to modify the order for a bill of particulars dated June 27, 1958 is granted by deleting therefrom item No. 5. Ordinarily, the names and addresses of witnesses to the negotiations between the parties may not be obtained by means of a bill of particulars (Schafrann v. Ruthberg, 43 N.Y.S.2d 614). No facts have been alleged by petitioner...

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