April 3, 2012

Bills of particulars.


Practice point: The purpose of a bill of particulars is to amplify the pleadings, limit the proof, and prevent surprise at trial.

Student note: Pursuant to CPLR 3043(b), a party may serve a supplemental bill of particulars with respect to claims of continuing special damages and disabilities, provided  that no new cause of action may be alleged or new injury claimed.

Case: Jurado v. Kalache, NY Slip Op 02083 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Slips and falls.