INNELLA v. SALVATION ARMY


25 Misc.2d 1003 (1961)

Jack Innella, Plaintiff, v. The Salvation Army, Defendant.

Supreme Court, Westchester County.

January 9, 1961.


Attorney(s) appearing for the Case

Frank J. Hand for plaintiff. Thomas I. Brennan for defendant.


JAMES D. HOPKINS, J.

The defendant's motion for an order of preclusion is denied, on condition that the plaintiff serve within 10 days of the service of the order, with notice of entry, a verified bill of particulars in accordance with the demand. Although, under certain circumstances, a plaintiff may for the first time on a motion to preclude, question the propriety of the items demanded by a defendant of the particulars of a complaint (Esteve v....

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