Keenan v. Sears Roebuck and Co.

Full title: DONALD KEENAN et al., Respondents, v. SEARS ROEBUCK AND Co. et al.…

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

Date published: May 17, 1993

193 A.D.2d 719 (N.Y. App. Div. 1993)

598 N.Y.S.2d 990

Opinion

May 17, 1993

Appeal from the Supreme Court, Kings County (Hurowitz, J.).

Ordered that the order is affirmed, with costs.

It is well settled that the purpose of a bill of particulars is to amplify the pleadings, limit the proof, and prevent surprise at trial (see, Ferrigno v General Motors Corp., 134 A.D.2d 479). The statement set forth in the plaintiffs' supplemental bill of particulars sufficiently particularized the specific acts of negligence which gave rise to the asserted defect (see, Moore v Chrysler Corp., 100 A.D.2d 955). Thompson, J.P., Sullivan, Ritter and Santucci, JJ., concur.