Exact Value, Inc. v. Chemical Bank

The purpose of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at trial. (D & D Recreation v Royal Globe Ins. Co., 54 AD2d 889.) The complaint in this action has not been amplified in any meaningful way because many of the critical items in plaintiff’s bill are grossly incomplete, unresponsive or evasive. The defendant has the right to narrow the issues before both disclosure and trial. In this proceeding plaintiff seeks damages of approximately $3,000,000. Before the defendant is required to engage in extended disclosure and a protracted trial,…