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JOSEPH RUBIN, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

RUBENSTEIN, J.

If the rule announced in Smith v. Woodbury Farms Realty Corp. ( 265 A.D. 885) is to be restricted to accidents happening on private property as distinguished from the public highway, the court which made the decision should promulgate such limitation — not the Special Term. (See Levine v. Rosenman, 192 Misc. 1010.)

Accordingly, the motion to preclude is granted unless plaintiff shall serve a further bill of particulars setting forth (a) the city ordinances, regulations and statutes which plaintiff claims defendant violated; (b) the nature and extent of the prior head injury which plaintiff claims was aggravated by the present accident; (c) the length of time plaintiff will claim he was incapacitated from his employment; (d) the loss of earnings, if any, plaintiff will claim. Settle order on notice requiring bill to be served within twenty days after service of the order herein.

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RUBIN v. CITY OF NEW YORK
(Sep 20, 1948)