Inter County Painting Co. v. 200 East End Ave. Corp.

In Hirsch v. Home Ins. Co. (284 App. Div. 428) we dealt with the practice indulged in by some lawyers, of ignoring a demand for a hill of particulars and awaiting a motion to preclude before serving a bill or contesting the propriety of the demand. For the reasons stated we condemned such practice and said that henceforth we would be less likely to regard the practice as an element warranting the favorable exercise of discretion on applications to be relieved from defaults in responding to demands.

In the present case we have another instance of neglect to respond to a demand for a bill of…