87 A.D. 539 | N.Y. App. Div. | 1903
The action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the defend
The first particular required of the plaintiff was whether the fall.
We are of opinion, therefore, that the order should be modified by declaring that the bill of particulars in the'respects mentioned is not a compliance with the order and that all proceedings on the part of the plaintiff should be stayed until twenty days after a full compliance with the requirements of the order for a bill of particulars in the respects mentioned, and as modified affirmed, with ten dollars costs and disbursements to appellant and ten dollars costs of the motion.
Van Brunt, P. J., Patterson, O’Brien and McLaughlin, JJ., concurred.
Order modified by declaring that the bill of particulars in the respects mentioned in the opinion is not a compliance with the order, and that all proceedings on the part of plaintiff be stayed until twenty days after full compliance with requirements of order for bill of particulars in the respects mentioned, and as modified affirmed, with ten dollars costs and disbursements to appellant and ten dollars costs of motion.