Russo v. Inserra Supermarkets

OPINION OF THE COURT

Joan B. Lefkowitz, J.

CPLR 3042 (d) requires the party who believes that the responses to a demand for a bill of particulars are insufficient, to move within 10 days after receipt of the bill except that the 10-day period does not apply where "special circumstances” are shown.

*358At bar, movant received the bill of particulars at the latest on July 15, 1991. On that date counsel for movant wrote a letter to plaintiffs’ attorney regarding the alleged insufficiency of the bill. The letter was also an effort to comply with the Uniform Rules for Trial Courts which require an…