From Casetext: Smarter Legal Research

Anthony v. Tops Supermarket

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 602 (N.Y. App. Div. 1976)

Opinion

September 24, 1976

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Mahoney and Dillon, JJ.


Order unanimously reversed, with costs, and motion denied. Memorandum: Following service of defendant's demand for a bill of particulars in this personal injury action, plaintiff moved to strike certain items on the ground that the information sought was not a proper subject for disclosure as it was evidentiary in nature. We agree. Further, so far as the challenged items seek information as to the nature and cause of the accident, they are repetitious and plaintiff's responses to the remaining undisputed items in the demand for the bill of particulars, especially paragraph four, suffice to inform defendant of the facts constituting the cause of action.


Summaries of

Anthony v. Tops Supermarket

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 602 (N.Y. App. Div. 1976)
Case details for

Anthony v. Tops Supermarket

Case Details

Full title:FRANCES D. ANTHONY, Appellant, v. TOPS SUPERMARKET, Respondent

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

Date published: Sep 24, 1976

Citations

54 A.D.2d 602 (N.Y. App. Div. 1976)

Citing Cases

New England Seafoods of Amherst v. Travelers

A bill of particulars is used to amplify the pleadings, limit the proof and prevent surprise at trial. A…

Calabrese v. Caldwell Development Corp.

The purpose of the bill is to amplify the pleadings, limit the proof and assist in preparation for and avoid…