(DOWNLOAD) "Alfred A. Brugman Et Al. v. County Nassau" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Alfred A. Brugman Et Al. v. County Nassau
- Author : Supreme Court of New York
- Release Date : January 13, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Item 7(c), requesting the names of the patrons of plaintiffs business who were unable to pass along the streets and highways in order to come to plaintiffs store, should be granted. While, generally, a demand to name prospective witnesses does not fall within the category of those individuals whose names would be available through a bill of particulars (see Hayes v. Utica Mut. Ins. Co., 24 A.D.2d 829), still, where the claim is for loss of customers, the names of such customers may be required to be given, notwithstanding that this amounts to disclosure of a partys witnesses, the purpose being to avoid surprise at trial (Elman v. Ziegfeld, 200 App. Div. 494, 498). (Cf. Zellman v. Metropolitan Transp. Auth., 40 A.D.2d 248.) Plaintiffs are required to specify the statutes, ordinances and laws which they claim were violated (item 3[f]) (Sacks v. Town of Thompson, 33 A.D.2d 627; and authorities there cited). Plaintiffs should serve upon appellant a copy of their income tax returns for 1970 (item 9[d]). However, a request for a monetary breakdown of the damages claimed (item 9[c]) is palpably improper in a demand for a bill of particulars, where only general damages are claimed (Le Vine v. Reuben, 32 A.D.2d 553; Arett Sales Corp. v. Island Garden Center of Queens, 25 A.D.2d 546). As to the requested items concerning which we are not herein directing particulars to be furnished, we deem the particulars given in plaintiffs original bill of particulars to be adequate responses to the demand. Any further amplification of the pleadings and limitation of proof, so as to avoid surprise at trial (Sacks v. Town of Thompson, supra ; 3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3041.03), may be accomplished through examinations before trial.
 "Alfred A. Brugman Et Al. v. County Nassau" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}