Opinion
November 1, 1976
In an action on a fire insurance policy issued by defendant covering a nursery school operated by plaintiff, defendant appeals from an order of the Supreme Court, Nassau County, dated April 21, 1976, which denied its motion to strike specified items from plaintiff's demand for a bill of particulars. Order reversed, without costs or disbursements, and motion granted. The purpose of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at the trial but not to provide evidentiary material (Cirelli v Victory Mem. Hosp., 45 A.D.2d 856; Belott v State of New York, 40 A.D.2d 729; State of New York v Horsemen's Benevolent Protective Assn. [N.Y. Div.], 34 A.D.2d 769). Hopkins, Acting P.J., Damiani, Rabin, Shapiro and Titone, JJ., concur.