NEWMAN & SON v. HILLYARD SALES CO.


29 Misc.2d 563 (1961)

F. W. Newman & Son, Inc., Plaintiff, v. Hillyard Sales Company (Eastern Division), Defendant.

Supreme Court, Special Term, Albany County.

June 13, 1961


Attorney(s) appearing for the Case

Dugan, Casey, Burke & Lyons for defendant. Bliss & Bouck for plaintiff.


LOUIS G. BRUHN, J.

This is a motion by the defendant for an order of preclusion or in the alternative an order requiring the plaintiff to serve a further and more detailed bill of particulars with regard to the claimed negligence.

The plaintiff resists the motion on the grounds that since its complaint contains a "classic" example of a true res ipsa loquitur pleading that it was not required to...

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