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WEISINGER v. BERFOND

9 N.Y.2d 742 (1961)

Bernard Weisinger, Respondent, v. Bernard Berfond et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Charles Wilson for Joseph Rae and others, appellants.

Daniel Eisenberg for Bernard Berfond and others, appellants.

Thomas Grimes for respondent.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents in an opinion in which Judges DYE and FOSTER concur.

Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

Having filed a lis pendens tying up real property, after long and inexcusable delay in bringing the action to trial, and having defaulted in furnishing a bill of particulars in consequence whereof an order of preclusion had been entered preventing the introduction of vital testimony, the action was finally reached for trial. Denied a ...

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