White v. St. Paul Fire and Marine Ins. Co.

Full title: THEODORE WHITE, Respondent, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY…

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

Date published: May 7, 1970

34 A.D.2d 756 (N.Y. App. Div. 1970)

Opinion

May 7, 1970

Order, entered on June 9, 1969, denying defendant's motion to vacate or modify plaintiff's demand for a bill of particulars, and to strike his complaint for failure to serve proper answers to written interrogatories, affirmed, with $30 costs and disbursements to the plaintiff-respondent. As this court stated in Baumgarten v. Lear ( 26 A.D.2d 932): "Litigators would be well-advised not to spend their time or the court's on appeals that will not affect any substantial interest".

Concur — Capozzoli, J.P., McGivern, Markewich and Nunez, JJ.; McNally, J., dissents in the following memorandum:

I vote to modify the order entered June 9, 1970 to the extent of striking from plaintiff's demand for a bill of particulars the following items: 6(a), 6(b), 7(d), 8(d), 11(a), (b) and (c). These items call for the disclosure of evidentiary detail which is not the office of a bill of particulars. ( U.M. M. Fin. Corp. v. Hirsch, 16 A.D.2d 770; McCullen, Bills of Particulars, §§ 47-48, and cases cited.)