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MICCARELLI v. FLEISS

219 A.D.2d 469 (1995)

631 N.Y.S.2d 159

Lena Miccarelli et al., Respondents, v. David Fleiss et al., Appellants, et al., Defendant

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

September 7, 1995

The IAS Court's denial of defendant physicians' motion pursuant to CPLR 3042 (d) to strike plaintiffs' response to item # 8 of the demand for a verified bill of particulars was an abuse of discretion. The purpose of a bill of particulars being to amplify the pleadings, limit the proof and prevent surprise at trial (Twiddy v Standard Mar. Transp. Servs., 162 A.D.2d 264, 265), responses to...

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