5 New York Civil Practice: CPLR P 3043.07

Summary

CPLR 3043(c) makes it clear that the court retains full discretion to supervise the propriety of a request for particulars in any given personal injury action. Thus, if the complaint sets forth a clear and complete statement of the causes of action, a request for particulars may be vacated upon motion. By the same token, additional particulars may be granted. Even apart from this subdivision, a party to a personal injury action may request particulars as to any item that would be appropriate under the general standard of CPLR 3041, subject to the procedure set forth in CPLR 3042.