bill of particulars cplr

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25 documents for bill of particulars cplr

- CPLR 3126 conditional orders requiring disclosure "can't get no respect".
... who has refused to provide disclosure or a bill of particulars. The conditional order's aim is to ...
- Albany Law Review
- Vol. 73 Nbr. 3, March 2010
- Marvin Gibbs v. St. Barnabas Hospital, No. 224 (N.Y. 2010)
..., plaintiff failed to serve a supplemental bill of particulars before the deadline set by a condit... particulars within 30 days, as authorized by CPLR 3042. When there was no response after 30 days, D...
- New York Court of Appeals
- New York Court of Appeals Case Summaries: December 17, 2010
Right to Jury Trial Judicial Dismissal of Juror

... the plaintiff failed to serve a supplemental bill of particulars before the deadline set by a condit... particulars within 30 days, as authorized by CPLR 3042. When there was no response after 30 days, Vi...
- Daily Record (Rochester, NY)
- December 24, 2010

- A prevailing party can still be a "sore" winner on appeal under CPLR 5501(a) (1); raising alternative arguments that necessarily affect the final judgment to ensure winning on appeal.
... order requiring a party to submit a further bill of particulars; (90) an order denying the defendan...
- Albany Law Review
- Vol. 74 Nbr. 2, January 2011
- Aquascutum of London, Inc. and Rodex of London, Ltd., Plaintiffs-Appellants, v. S.S. American Champion, Her Engines, Etc.; United States Lines, Inc., Defendant, and W. Wingate & Johnston, Ltd., Defendant-Appellee. Metasco, Inc., Plaintiff-Appellant, v. S.S. American Chieftain, Her Engines, Etc.; United States Lines, Inc., Defendant, and W. Wingate & Johnston, Ltd., Defendant-Appellee. Metasco, Inc., Plaintiff-Appellant, v. S.S. Rubens, Her Engines, Etc., Compagnie Maritime Belge (Lloyd Royal) S.A., Agency Maritime International S.C., Belgian Lines, Inc. and N.v. Arement Deppe S.A., Inc., Defendants, and W. Wingate & Johnston, Ltd., Defendant-Appellee., 426 F.2d 205 (2nd Cir. 1970)
... of New York's long-arm statute, CPLR 302, and of its general 'doing business' statute, ...W&J issued forwarder's bills of lading showing that delivery was to be made to ... New York and bearing the legend 'For particulars of delivery apply with this bill of lading to Worl...
- Federal Circuits
- Pleading fraud in New York: CPLR 3016(b)'s heightened pleading standard and why it's important.
...Indeed, the bill of particulars mechanism, unlike the requirement f...
- Albany Law Review
- Vol. 74 Nbr. 2, January 2011
- Resolving Separation Of Powers And Federalism Problems Raised By ERIE, The Rules Of Decision Act, And The Rules Enabling
Introduction II. How And Why Swift Failed To Adequately Address Separation Of Powers And Federalism Problems Raised By The Rules Of Decision Act And The Superiority Of The Proposed "Irresistible Incentive" Test As A Means Of Determining Both The Existence And Identity Of Substantive State Rights III. Swift Failed To Adequately Address Separation Of Powers And Federalism Issues Raised By The Rules Of Decision Act And Thereby Undermined Legitimate State Interest A. Swift v. Tyson B. Gelpcke v. City of Dubuque C. Burgess v. Seligman D. Baltimore & Ohio R.R. Co. v. Baugh E. Kuhn v. Fairmont Coal Co. F. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co. IV. The Promise Of ERIE To Adequately Address Separation Of Powers And Federalism Issues Raised By The Rules O...

... the constitutional level, the fact that the Bill of Rights did not apply to the states reduced the ...-Governor Mario Cuomo emphasized that the CPLR amendments were meant to ratchet up the review sta...; employee required to provide list of particulars regarding claim, witness list, and précis of thei...
- Capital University Law Review
- Nbr. 32-3, April 2004
- Juliette DeJoie Cadichon v. Thomas Facelle M.D., No. 205 (N.Y. 2011)
..."THE COURT DEMANDS, PURSUANT TO CPLR 3216, THAT YOU RESUME PROSECUTION OF THE ABOVE ENT.... . " (Assembly Mem in Support, Bill Jacket L 2008, ch 156, at 6). . dismissal of a cla... order by failing to supply a bill of particulars and did not establish good cause for the delay and...
- New York Court of Appeals
- The extrapolation of defendants' liabilities under CPLR Article 16 where the plaintiff is contributorily negligent: an update toward resolving a perceived ambiguity of CPLR 1601.
.... III. THE PARTICULARS OF CPLR ARTICLE 16 . CPLR Article 16 was the devic... products liability, and as of this writing, bills are pending in the North Carolina Legislature to m...
- Albany Law Review
- Vol. 73 Nbr. 1, September 2009
- Appellate Division, 4th Department Case Summaries: June 15, 2010
Mootness Release of Transcripts -- Exceptions to Doctrine

Matter of Gannett Co. Inc. v. Doran. 699. CPLR 78 Proceeding originating in the Fourth Department... on appeal concerned a variance between the bill of particulars and the evidence. The bill of parti...
- Daily Record (Rochester, NY)
- June 22, 2010