In re the Estate of Grotsky

John D. Bennett, S.

In this discovery proceeding respondent moves to vacate the petitioner’s demand for a bill of particulars on the grounds that the demand is repetitious, burdensome, and seeks evidentiary matter.

The respondent has interposed an affirmative defense to paragraph 4 of the petition, alleging that the stock sought to be recovered by the petitioner was the subject of a gift to her.

Bills of particulars are regularly required in a discovery proceeding (Matter of Leary, 175 Misc. 253). Although no particulars may be demanded during the inquisitorial stage, where there is an…