Schaefer v. Ropes

This is a motion to dismiss the complaint upon the plaintiff’s failure to file a bill of particulars as required by section 2 of chapter 944 of the Laws of 1920. The action is .for the recovery of the reasonable value of the use and occupation by the defendant of an apartment after the expiration of her term under a prior written lease. The plaintiff claims that the statutory obligation to file a bill of particulars is limited to actions where the rent is fixed by agreement of the parties. I do not agree with this contention. In my opinion the bill of particulars is required in every case…