February 27, 2012

Pleading with particularity.

Practice point: In an action resulting from the performing of labor or services, CPLR 3016(f) permits a plaintiff to set forth and number in the verified complaint the items of the claim and the reasonable value or agreed price of each. When the plaintiff properly complies with the statutory provisions, the defendant may not generally deny the allegations of the complaint but must specifically dispute the items on the plaintiff's list.

Student note: To meet the requirements of CPLR 3016(f), the complaint must contain a listing of the goods or services provided, with enough detail that it may readily be examined and its correctness tested entry by entry.

Case: Raytone Plumbing Specialties, Inc. v. Sano Constr. Corp., NY Slip Op 01442 (2d Dept. 2012).


Tomorrow’s issue: Restoring a case marked off the trial calendar.