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CABAN v. DIME SAV. BANK OF NEW YORK

70 A.D.2d 649 (1979)

Raquel Caban, as Administratrix of The Estate of Eduardo Caban, Deceased, et al., Respondents, v. Dime Savings Bank of New York, Appellant, et al., Defendants

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

May 28, 1979

Order affirmed insofar as appealed from, with $50 costs and disbursements.

The items requested in the demand for a further bill of particulars were evidentiary material not in amplification of a pleading. Such items may not be demanded in a bill of particulars (see Kenler v Weissbach, 61 A.D.2d 976; Cirelli v Victory Mem. Hosp., 45 A.D.2d 856), and, therefore, they were palpably...

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