2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
R3043 - Bill of particulars in personal injury actions.

 
    Rule  3043.  Bill  of  particulars  in  personal  injury  actions. (a)
  Specified particulars. In actions to recover for personal  injuries  the
  following particulars may be required:
    (1) The date and approximate time of day of the occurrence;
    (2) Its approximate location;
    (3)  General  statement  of  the  acts  or  omissions constituting the
  negligence claimed;
    (4) Where notice of a condition is a prerequisite, whether  actual  or
  constructive notice is claimed;
    (5)  If  actual  notice is claimed, a statement of when and to whom it
  was given;
    (6) Statement of the injuries and description of those claimed  to  be
  permanent, and in an action designated in subsection (a) of section five
  thousand  one  hundred  four of the insurance law, for personal injuries
  arising out of negligence in the use or operation of a motor vehicle  in
  this state, in what respect plaintiff has sustained a serious injury, as
  defined  in  subsection  (d) of section five thousand one hundred two of
  the insurance law, or economic loss greater than basic economic loss, as
  defined in subsection (a) of section five thousand one  hundred  two  of
  the insurance law;
    (7) Length of time confined to bed and to house;
    (8) Length of time incapacitated from employment; and
    (9)  Total amounts claimed as special damages for physicians' services
  and medical supplies; loss of earnings, with name  and  address  of  the
  employer; hospital expenses; nurses' services.
    (b)  Supplemental bill of particulars without leave. A party may serve
  a supplemental bill of particulars with respect to claims of  continuing
  special damages and disabilities without leave of court at any time, but
  not  less  than thirty days prior to trial. Provided however that no new
  cause of action may be alleged or new injury claimed and that the  other
  party  shall  upon  seven days notice, be entitled to newly exercise any
  and all rights of discovery but only with  respect  to  such  continuing
  special damages and disabilities.
    (c)  Discretion of court.  Nothing contained in the foregoing shall be
  deemed to limit the court in denying in a proper case, any one  or  more
  of  the  foregoing  particulars, or in a proper case, in granting other,
  further or different particulars.