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176-178 Ashburton Avenue v. N.Y. Prop. Ins

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 653 (N.Y. App. Div. 1986)

Opinion

December 31, 1986

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the plaintiff's demand for a bill of particulars is vacated.

The plaintiff's 17-page demand for a bill of particulars, consisting of 41 separate paragraphs and at least 170 separate requests for information, was unduly burdensome and oppressive (see, Nazario v. Fromchuck, 90 A.D.2d 483). Many of the requests for information improperly sought names and addresses of witnesses without a showing of special circumstances (see, Ginsberg v. Ginsberg, 104 A.D.2d 482, 484; Nazario v. Fromchuck, supra, p 484), discovery and inspection of documents, evidentiary material, and the grounds of the defendant's legal arguments (see, Ginsberg v. Ginsberg, supra). Under these circumstances, the appropriate remedy is the vacatur of the demand in its entirety (Nazario v. Fromchuck, supra). Mollen, P.J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.


Summaries of

176-178 Ashburton Avenue v. N.Y. Prop. Ins

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1986
125 A.D.2d 653 (N.Y. App. Div. 1986)
Case details for

176-178 Ashburton Avenue v. N.Y. Prop. Ins

Case Details

Full title:176-178 ASHBURTON AVENUE CORP., Also Known as 176-178 ASHBURTON CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 31, 1986

Citations

125 A.D.2d 653 (N.Y. App. Div. 1986)

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