From Casetext: Smarter Legal Research

Philipp Brothers Export Corp. v. Peruano

Appellate Division of the Supreme Court of New York, First Department
May 13, 1982
88 A.D.2d 529 (N.Y. App. Div. 1982)

Summary

holding that the vacatur of a demand for bill of particulars is appropriate where the demand requested a massive quantity of minute, detailed information of an evidentiary nature, and the furnishing of such information would be unreasonably burdensome

Summary of this case from Johnson v. Johnson

Opinion

May 13, 1982


Order of the Supreme Court, New York County (Nadel, J.), entered September 24, 1981, denying plaintiff's motion to vacate the demand for a bill of particulars served by defendants Trans-Europe Export and Import Company, Inc., Horvath Trading Company and Tibor Horvath, reversed, on the law and facts, with costs, and the motion to vacate the demand is granted with leave to defendants, if so advised, to serve a proper amended demand. Defendants served a demand for a bill of particulars 36 pages long, containing 141 subdemands set forth in 19 numbered questions. Sixteen of the subdemands require plaintiff to supply the "source of its information and belief." Thirty-five subdemands call for the production of documents. Approximately 73 subdemands require plaintiff to "specify in detail the factual basis" of various allegations of the complaint and to "state specifically" or to "state in detail" various other matters. A bill of particulars serves the purpose of amplifying a pleading, limiting the proof and preventing surprise at trial. Disclosure of evidentiary detail is not the function of a bill of particulars ( State of New York v. Horsemen's Benevolent Protective Assn., 34 A.D.2d 769). The demand herein requests a massive quantity of minute, detailed information of an evidentiary nature, which would be unreasonably burdensome to furnish. While some of the particulars demanded are proper "[t]he remedy, under the circumstances, is not successive prunings of the demand by Special Term and this court by eliminating some items and portions of others, but rather a vacatur of the entire demand". ( Carroad v. Regensburg, 17 A.D.2d 734.)

Concur — Murphy, P.J., Kupferman, Sandler, Markewich and Asch, JJ.


Summaries of

Philipp Brothers Export Corp. v. Peruano

Appellate Division of the Supreme Court of New York, First Department
May 13, 1982
88 A.D.2d 529 (N.Y. App. Div. 1982)

holding that the vacatur of a demand for bill of particulars is appropriate where the demand requested a massive quantity of minute, detailed information of an evidentiary nature, and the furnishing of such information would be unreasonably burdensome

Summary of this case from Johnson v. Johnson
Case details for

Philipp Brothers Export Corp. v. Peruano

Case Details

Full title:PHILIPP BROTHERS EXPORT CORPORATION, Appellant, v. ACERO PERUANO S.A. et…

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

Date published: May 13, 1982

Citations

88 A.D.2d 529 (N.Y. App. Div. 1982)

Citing Cases

Taylor v. Tivat Realty LLC

Item numbered "23" of the defendants' discovery notice requests production of all evidence which shows proof…

Nuss v. Pettibone Mercury Corp.

A bill of particulars may not be used to obtain evidentiary material ( see, 3 Weinstein-Korn-Miller, N Y Civ…