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EXACT VALUE, INC. v. CHEM. BANK

83 A.D.2d 821 (1981)

Exact Value, Inc., Respondent, v. Chemical Bank, Appellant

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

August 27, 1981

Respondent shall recover of appellant $50 costs and disbursements of this appeal.

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...

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