BOIN v. EQUITABLE LIFE ASSUR.


28 Misc.2d 489 (1960)

Viola Boin, Plaintiff, v. Equitable Life Assurance Society of the United States, Defendant.

District Court of the County of Nassau, First District.

December 2, 1960


Attorney(s) appearing for the Case

Eugene T. O'Neill for defendant. W. Wesley Hill for plaintiff.


BERNARD TOMSON, J.

The defendant moves for an order of preclusion on the ground that the bill of particulars furnished is not responsive to the demand.

The demand is unique in that it seeks particulars only as to "the date, hour and minute the said WILLIAM R. BOIN died". The bill of particulars states: "The plaintiff is unable to state the exact date, hour and minute the said WILLIAM R. BOIN died. The...

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