5 New York Civil Practice: CPLR P 3042.00

Summary

CPLR 3042 was extensively revised and reorganized in 1994.1 The reorganization was needed because practice relating to bills of particulars had become fouled with unnecessary motion practice. It had become the habit of many practitioners to avoid responding to a demand for a bill of particulars until a motion had been made and a conditional order of preclusion had been rendered by the court. The new version of CPLR 3042 sought to end to this practice. It applies to actions commenced on or after January 1, 1995,2 while the prior version of CPLR 3042 continues to govern actions commenced before that date. The following commentary continues to follow the organizational scheme of the pre-1995 version of CPLR 3042, with cross references and additional commentary describing the changes contained in the 1994 enactment. The major features of the ...