Rodriguez v. Manhattan & Bronx Surface Transit Operating Authority

Upon the foregoing papers this motion to direct defendant to appear for an examination before trial, and to produce thereon certain documents is granted. Defendant contends that the notice of examination heretofore served was premature, for plaintiff has not yet complied with defendant’s demand for a bill of particulars. Prior to the enactment of the Civil Practice Law and Rules it was the general rule, in this Department, that a bill of particulars had to be served before that party could obtain an examination before trial of his opponent. The principle in rule 3106 of the Civil Practice Law…