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GOTTLIEB v. KENNETH D. LAUB & CO., INC.

155 A.D.2d 293 (1989)

Seymour Gottlieb, Respondent, v. Kenneth D. Laub & Company, Inc., Appellant

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

November 14, 1989

A party may be required to particularize an element of his claim or defense on which he bears the burden of proof (Bounds v Mutual of Omaha Ins. Co., 37 A.D.2d 1008). We see no error in refusing to compel plaintiff to particularize matters which would be elements of a claim grounded on an alternative theory, where plaintiff has never embraced that alternative theory and where such in fact forms the basis of defendant's first affirmative...

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