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SCHLENKER v. SCH. DIST. NO. 15 OF CEMENTON

198 Misc. 775 (1950)

Ronald S. Schlenker, an Infant, by Spencer Schlenker, His Guardian ad Litem, et al., Plaintiffs, v. School District No. 15 of Cementon, Town of Catskill, Greene County, et al., Defendants.

Supreme Court, Special Term, Albany County.

November 2, 1950.

Attorney(s) appearing for the Case

J. Stanley Carter for defendants.

N. Joseph Friedman for plaintiffs.

TAYLOR, J.

The motion is to preclude the plaintiffs for failure to serve a bill of particulars in accordance with a demand which has been made. The use of the words "among other things", "and/or", and similar alternative and omnibus phraseology in paragraphs numbered 1, 2, 10 and 12 of the bill of particulars destroys its most essential functions, to wit: to limit proof and to prevent surprise to an adverse...

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