2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
R3042 - Procedure for bill of particulars.

 
    Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for
  a  bill of particulars shall be made by serving a written demand stating
  the items concerning which particulars are desired. Within  thirty  days
  of  service of a demand for a bill of particulars, the party on whom the
  demand is made shall serve a bill of  particulars  complying  with  each
  item of the demand, except any item to which the party objects, in which
  event  the  reasons  for  the  objection shall be stated with reasonable
  particularity. The assertion of an objection to one or more of the items
  in the demand shall not relieve the party on whom  the  demand  is  made
  from  the obligation to respond in full within thirty days of service of
  the demand to the items of the demand to which  no  objection  has  been
  made.
    (b)  Amendment. In any action or proceeding in a court in which a note
  of issue is required to  be  filed,  a  party  may  amend  the  bill  of
  particulars once as of course prior to the filing of a note of issue.
    (c) Failure to respond or to comply with a demand. If a party fails to
  respond  to a demand in a timely fashion or fails to comply fully with a
  demand, the party seeking the bill of particulars  may  move  to  compel
  compliance,  or,  if  such  failure  is  willful,  for the imposition of
  penalties pursuant to subdivision (d) of this rule.
    (d) Penalties for refusal to comply. If a party served with  a  demand
  for  a  bill of particulars willfully fails to provide particulars which
  the court finds ought to have been provided pursuant to this  rule,  the
  court  may  make  such  final  or  conditional  order with regard to the
  failure or refusal as is just, including such relief as is set forth  in
  section thirty-one hundred twenty-six of this chapter.
    (e)  Service  of  improper  or unduly burdensome demands. If the court
  concludes that the  demand  for  particulars,  or  a  part  thereof,  is
  improper  or unduly burdensome, in addition to vacating or modifying the
  demand, the court may make such order with regard  to  the  improper  or
  unduly burdensome demand as is just.