5 New York Civil Practice: CPLR P 3043.00

Summary

While the bill of particulars is not limited in its use to personal injury and related actions, its most common use is in this area. CPLR 3043(a) enumerates nine categories of information that may be required in a bill of particulars in a personal injury action, and while these will usually suffice, CPLR 3043(c) gives the court discretion to require that more or less information be given in a particular action depending upon what is needed to enable the requestingparty to prepare for trial.1 A bill of particulars under CPLR 3043 is obtained by a demand or a motion under CPLR 3042 and must satisfy the requirements for specificity applicable to other bills. CPLR 3042(b) authorizes a supplemental bill of particulars to be served, without leave, up to 30 days before trial to update continuing items of damages ...