Legal Opinion

Draper v. Zamiara

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

Decided January 23, 1987PublishedCited by 1 opinion

1Opinion of the Court

—Order unanimously reversed, on the law, with costs, and motion granted. Memorandum: Defendants’ motion to preclude or to compel plaintiff to furnish a further bill of particulars should have been granted. Plaintiff’s responses to paragraphs 11 through 17 of the demand for bill of particulars are palpably inadequate. Plaintiff is not excused from answering the demands because of his claim that defendants have full knowledge of the facts (see, 6 Carmody-Wait 2d, NY Prac § 36:23; Waldman v Allen, 87 AD2d 817; Spencer v Holt, 86 AD2d 981; Le Frois Foods Corp. v Policy Advancing Corp., 59 AD2d…

2Cases cited3 opinions

  1. Le Frois Foods Corp. v. Policy Advancing Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Waldman v. AllenAppellate Division of the Supreme Court of the State of New York · 1982
  3. Spencer v. HoltAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Freer v. ZamiaraAppellate Division of the Supreme Court of the State of New York · 1987

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