Appellate Division of the Supreme Court of the State of New York August 27, 1981 (Exact Value, Inc. v. Chemical Bank)

Murphy, P. J., dissents in a memorandum as follows:

The purpose of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at trial. (D & D Recreation v Royal Globe Ins. Co., 54 AD2d 889.) The complaint in this action has not been amplified in any meaningful way because many of the critical items in plaintiff’s bill are grossly incomplete, unresponsive or evasive.