![]() of Human Rights, 48 A.D.2d 391 Matter of D'Elia v Sandy B., 132 Misc.2d 60.) This was done in the instant case. (CPLR 3021, 3020 cf., Merrill Lynch, Pierce, Fenner Smith v. In contrast, a pleader may become "acquainted" with facts through secondary sources, provided he identifies them. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. (Davidowitz v Dixie Assocs., 59 A.D.2d 659 Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3020:8, at 381.) It is required only in the limited instances specified in CPLR 3020 (d) (3). Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. The latter has been compared to "first-hand" or "independent" knowledge of the facts. This is sufficient to demonstrate that he is "acquainted with the facts", a standard which is not synonymous with "personal knowledge". In addition, his sources are averred as being "records and statements of officers, agents and employees of defendant". The Assistant Attorney-General deposes, upon information and belief, that its contents are true. What can be demanded in the Bill of Particulars is dependent on the facts. ![]() Although a Bill of Particulars technically is not discovery, it can be used to get information about a claim or defense. Specifically, CPLR 3020 (d) (2) states: "if the party is the state, a governmental subdivision, board, commission, or agency, or a public officer in behalf of any of them, the verification may be made by any person acquainted with the facts" (emphasis added). A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense. (See, Baldwin v Tinker, 48 Misc.2d 362 Matter of Ross, 34 Misc.2d 1018 Lipsky v Commerce-Pacific, 134 N.Y.S.2d 147 3 Weinstein-Korn-Miller, N Y Civ Prac ¶ 3044.03.)ĬPLR 3020 (d) deals with by whom the required affidavit shall be made. It has been held that the rules applicable to verification of pleadings should be utilized in the case of a bill of particulars. Uniformly, in tort actions against the State of New York, its answers and bills of particulars are verified by the Assistant Attorney-General assigned to the defense of the claim.īy this motion for an order of preclusion on the ground that the bill of particulars of the State's verified answer was not sworn to by a person with actual knowledge of the facts, this long-standing practice is drawn into question.Ī bill of particulars "shall" be verified if the pleading which it amplifies is also verified (CPLR 3044).
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |