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SOUVERAN FABRICS CORP. v. VIRGINIA FIBRE CORPORATION (06/10/69)

June 10, 1969

SOUVERAN FABRICS CORP., RESPONDENT,
v.
VIRGINIA FIBRE CORPORATION, APPELLANT



Concur -- Capozzoli, J. P., Tilzer, Markewich, Nunez and McNally, JJ.

Defendant should not be required to detail in a bill of particulars the statutes and decisional law upon which it relies. (See Gevinson v. Kirkeby-Natus Corp., 26 A.D.2d 71.) Since the court is required to take judicial notice of the law of New York without evidence to establish it (Richardson, Evidence [9th ed.], § 7) the defendant need not particularize the provisions of such law.

Disposition

Order entered August 1, 1968, reversed on the law and in the exercise of discretion, with $30 costs and disbursements to the appellant, and motion to vacate the demand for bill of particulars granted.

19690610

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