Legal Opinion

White Plains Towing Corp. v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1992PublishedCited by 4 opinions

1Opinion of the Court

In a claim to recover damages for breach of contract, the claimants appeal from a judgment of the Court of Claims (Lengyel, J.), entered April 11, 1990, which dismissed the claim.

Ordered that the judgment is affirmed, with costs.

On appeal, the claimants contend, inter alia, that the Court of Claims erred in rejecting their attempt to utilize the verified bill of particulars as evidence-in-chief establishing *504that the State had breached the subject contract. It is elementary that the purposes of a bill of particulars are to amplify pleadings, limit proof, and prevent surprise at trial (see,…

2Cases cited4 opinions

  1. People v. CaprioAppellate Division of the Supreme Court of the State of New York · 1966
  2. Morell v. Saratoga Harness Racing, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Scott v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Matter of Court & Remsen Bldg. Corp.(pollack)New York Court of Appeals · 1951

3Cited by4 opinions

  1. Moran v. HurstAppellate Division of the Supreme Court of the State of New York · 2006
  2. Johnson v. Peconic DinerAppellate Division of the Supreme Court of the State of New York · 2006
  3. Curran v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  4. 345 E. 69th St. Owners Corp. v. Platinum First Cleaners, Inc.Appellate Division of the Supreme Court of the State of New York · 2018

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