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176-178 ASHBURTON AVENUE v. N.Y. PROP. INS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 31, 1986
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Ordered that the order is reversed, on the law, with costs, the motion is granted, and the plaintiff's demand for a bill of particulars is vacated.

The plaintiff's 17-page demand for a bill of particulars, consisting of 41 separate paragraphs and at least 170 separate requests for information, was unduly burdensome and oppressive (see, Nazario v. Fromchuck, 90 A.D.2d 483). Many of the requests for information improperly sought names and addresses of witnesses without a showing of special circumstances (see, Ginsberg v. Ginsberg, 104 A.D.2d 482, 484; Nazario v. Fromchuck, supra, p 484), discovery and inspection of documents, evidentiary material, and the grounds of the defendant's legal arguments (see, Ginsberg v. Ginsberg, supra). Under these circumstances, the appropriate remedy is the vacatur of the demand in its entirety (Nazario v. Fromchuck, supra). Mollen, P.J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.