Legal Opinion
Blake v. State
New York Court of Claims
Decided March 2, 1987No. Claim No. 73079Published
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Uniformly, in tort actions against the State of New York, its answers and bills of particulars are verified by the Assistant Attorney-General assigned to the defense of the claim.
By this motion for an order of preclusion on the ground that the bill of particulars of the State’s verified answer was not sworn to by a person with actual knowledge of the facts, this long-standing practice is drawn into question.
A bill of particulars "shall” be verified if the pleading which it amplifies is also verified (CPLR 3044). It has been held that the rules…
2Cases cited4 opinions
- Davidowitz v. Dixie AssociatesAppellate Division of the Supreme Court of the State of New York · 1977
- Baldwin v. TinkerNew York Supreme Court · 1965
- D'Elia v. Sandy B.New York Family Court · 1986
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1975