Opinion
February 21, 1986
Appeal from the Erie County Family Court, Notaro, J.
Present — Denman, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.
Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: Family Court improperly directed petitioner to comply with respondent's demand for a further bill of particulars since the demand sought evidentiary matters rather than particulars of petitioner's claim (see, 6 Carmody-Wait 2d, N Y Prac § 36:3, at 182; Bassett v Bando Sangsa Co., 94 A.D.2d 358, 359, appeal dismissed 60 N.Y.2d 962; Medaris v. Vosburgh, 93 A.D.2d 882; Singer Warehouse Trucking Corp. v. Duskin, 87 A.D.2d 770, 771).