KUPFERMAN v. GERECTER


37 Misc.2d 28 (1962)

Theodore R. Kupferman, Plaintiff, v. John M. Gerecter, Defendant.

Civil Court of the City of New York, New York County.

October 8, 1962


Attorney(s) appearing for the Case

I. Arnold Ross for plaintiff. Burke & Burke for defendant.


ROBERT V. SANTANGELO, J.

The merits of the case cannot be inquired into upon a motion for a bill of particulars, nor can the sufficiency of the bill be determined by the allegations of the answer (see Matthews v. Hubbard, 47 N.Y. 428); nor can defendant or the court be required to read through various testimony and exhibits in an effort to ferret the answers to the items of demand. It is plaintiff's obligation in the first instance to respond clearly...

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