Marin v. Knopf

HULBERT, District Judge.

In the New York State courts a bill of particulars cannot be secured before answer. An order fnay be sought by motion to make the complaint more definite and certain, or its sufficiency may be attacked. In the latter event, if the contentions of the moving party are sustained, the court would undoubtedly allow the plaintiff to amend over. Much time is thus lost.

In this court an application for a bill of particulars is the equivalent of a motion to make more definite and certain. A bill of particulars - is an amplification of the complaint. Its primary purpose is to…