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WHITE PLAINS TOWING CORP. v. STATE

187 A.D.2d 503 (1992)

White Plains Towing Corp., Doing Business as Don's Towing, et al., Appellants, v. State of New York, Respondent

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

November 9, 1992

Ordered that the judgment is affirmed, with costs.

On appeal, the claimants contend, inter alia, that the Court of Claims erred in rejecting their attempt to utilize the verified bill of particulars as evidence-in-chief establishing that the State had breached the subject contract. It is elementary that the purposes of a bill of particulars are to amplify pleadings, limit proof, and prevent surprise at trial (

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