Legal Opinion

Little v. State

New York Court of Claims

Decided June 21, 1979No. Claim No. 61426Published

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

Claimant has moved for preclusion predicated upon defendants’ failure to comply with a demand for a bill of particulars of three affirmative defenses set forth in the answer. Defendants have opposed the motion contending that a bill of particulars of affirmative defenses is not obtainable in the Court of Claims by way of a mere demand, but rather that a formal motion is a necessary prerequisite thereto.

The defendants have raised a novel question. Its resolution involves a determination as to (1) whether, insofar as is here relevant, there is any…

2Cases cited5 opinions

  1. Solomon v. Travelers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
  2. Belott v. StateAppellate Division of the Supreme Court of the State of New York · 1972
  3. Holland v. BakerAppellate Division of the Supreme Court of the State of New York · 1968
  4. Weisner v. WeisnerNew York Supreme Court · 1962
  5. Solomon v. Travelers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1958

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