Aldrich v. Morningside Heights Housing Corp.

Generally, the practice of not promptly complying with a demand for a bill of particulars or moving with respect thereto, if the demand is deemed improper, should be discouraged. The failure of plaintiffs to serve a bill of particulars within the time specified in the order of preclusion undoubtedly prejudiced the defendant under all the circumstances of this case. However, if plaintiffs were to proceed to trial with the order of preclusion outstanding, their offer of proof would be met by objection based thereon and a dismissal would not be on the merits but for failure of proof. Thus,…