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ZAVALA v. CHEM. BANK

83 A.D.2d 821 (1981)

Juan Zavala et al., Respondents, v. Chemical Bank, Appellant

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

August 27, 1981

Murphy, P. J., dissents in a memorandum as follows:

The purpose of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at trial. (D & D Recreation v Royal Globe Ins. Co., 54 A.D.2d 889.) The complaint in this action has not been amplified in any meaningful way because many of the critical items in plaintiffs' bill are grossly incomplete, unresponsive or evasive. The defendant...

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