new york bill of particulars personal injury

#NEW YORK BILL OF PARTICULARS PERSONAL INJURY TRIAL#

This is not to fault the law firm/attorney who made the motion without including the required affirmation – everyone makes mistakes – but rather to illustrate the importance of including the so-called “good faith” affirmation when making a motion in NY Supreme Court. The Court dismissed plaintiff’s motion as it was unnecessary, holding the following: pursuant to CPLR 3043(b), a plaintiff in a personal injury action may serve a supplemental bill of particulars containing ‘continuing special damages and disabilities,’ without leave of the court, if it alleges ‘no new cause of action.

In addition … no motion shall be filed with the court unless there have been served and filed with the motion papers … with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion. There shall be compliance with the procedures prescribed in the for the bringing of motions. 516343/2017 plaintiff, response to plaintiffs - against - demand for bill of particulars as the city of new york 662 livonia, to affirmative llc jon better beauty salon defenses equipment, inc. The cited rule is Section 202.7 of Part 202 of the Uniform Civil Rules for the Supreme Court and the County Court, which provides, in pertinent part:Ĭalendaring of motions uniform notice of motion form affirmation of good faith. 26 received nyscef: supreme court of the state of new york county of kings - x larita walker, index no.

#NEW YORK BILL OF PARTICULARS PERSONAL INJURY TRIAL#

The defendant had made a motion to strike the case from the trial calendar (due, in part, to its claim that plaintiff still owed it discovery) and to change the venue to another (less plaintiff-friendly) county. I was there to seek more time to submit opposition papers and set a timetable for providing the identified discovery. The court, however, denied the motion – without even reaching its merits – “for failure to comply with 22 NYCRR 202.7.” Today I appeared in Bronx Supreme Court on behalf of a plaintiff in a personal injury (trip-and-fall) case. 2021 New York Laws CVP - Civil Practice Law and Rules Article 30 - Remedies and Pleading 3041 - Bill of Particulars in Any Case.

New york bill of particulars personal injury