MONTAUK IMPROVEMENT, INC. v. TOWN OF EAST HAMPTON


43 A.D.2d 973 (1974)

Montauk Improvement, Inc., et al., Appellants, v. Town of East Hampton, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 19, 1974


Order reversed insofar as appealed from, with $20 costs and disbursements, and motion granted in its entirety, without prejudice to defendant's making a proper application for a bill of particulars.

The demand for a bill of particulars in this case was unnecessarily prolix and repetitious. Under the circumstances, successive siftings of the demand by Special Term and by this court are not in order and the proper procedure is a vacatur of the entire demand. It is the...

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