CHERHIT v. GEN. LUMBER CORP.


12 A.D.2d 637 (1960)

Veronica Cherhit, as Administratrix of The Estate of Joseph Cherhit, Deceased, Appellant, v. General Lumber Corporation, Respondent

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

December 14, 1960


Order modified by striking out from its second decretal paragraph the provision which directs plaintiff in the alternative, if she intends to rely on the doctrine of res ipsa loquitur, to state that such is her intention. As so modified, order affirmed, without costs.

Plaintiff shall serve her bill of particulars within 20 days after entry of the order hereon. It does not clearly appear from the complaint that upon the trial plaintiff will rely on the doctrine...

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