#New york bill of particulars cplr verification#
#New york bill of particulars cplr trial#

order for plaintiffs failure to respond to the demand for a verified bill of particulars. rights to seek this information through a bill of particulars.' Brannigan v City of New York, 224 AD2d 340, 341 (1st Dept 1996.

(CPLR 3021, 3020 cf., Merrill Lynch, Pierce, Fenner Smith v. Included in the demands were a demand for verified bill of particulars. In contrast, a pleader may become 'acquainted' with facts through secondary sources, provided he identifies them. (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). 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.

#New york bill of particulars cplr verification#

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). (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.

#New york bill of particulars cplr trial#

However, plaintiff must also comply with the Uniform Rules for the New York State Trial Courts (22 N.Y.C.R.R) at 202. It has been held that the rules applicable to verification of pleadings should be utilized in the case of a bill of particulars. Plaintiff may properly demand a bill of particulars on affirmative defenses pursuant to CPLR 3041, and thereafter move to strike them based on the defendants failure to comply with such a demand.

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).