Harbet v. Finkelstein

In an action to recover moneys allegedly entrusted to the defendants for investment, the latter move to require the plaintiffs to serve a further bill of particulars. *25The plaintiffs, in a cross motion, seek to vacate the notice to examine them before trial.

Subdivision (d) of rule 115 of the Rules of Civil Practice requires that “In the absence of special circumstances ” the motion papers to direct the service of a further bill be served within 10 days after receipt of the bill claimed to be insufficient.

In the case at bar, a verified bill of particulars was served on February 15, 1962, and…