![]() ![]() In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. As demonstrated below, this culture of leniency regarding the enforcement of conditional orders foments needless motion practice and causes prolonged delay in the prosecution of actions.ĭespite the willingness of New York courts to forgive a party's failure to comply with a conditional order requiring disclosure, the grounds cited to support the relief, i.e., a reasonable excuse for the delay.A Bill of Particulars is an answer sheet that contains a detailed, formal, and written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. ![]() Pfeffer, writing for a unanimous Court, former Chief Judge Judith Kaye declared that "when a party fails to comply with a court order and frustrates the disclosure scheme set forth in the CPLR, it is well within the Trial Judge's discretion to dismiss the complaint." (1) She went on to observe that "f the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity." (2) Although these principles have since been repeated by the Court of Appeals in several important decisions that, read together, constitute as a crusade against sloppy practice, (3) New York courts still frequently forgive a party's failure to comply with a conditional order. Too often, however, the New York State courts allow serial delay to persist even after the issuance of a conditional order and open up the doors to permit a party who has failed to comply with the order's terms an additional opportunity to set things right. The conditional order's aim is to provide the recalcitrant party with one last chance to supply the requested disclosure and allow the case to proceed on the merits before penalties, such as the striking of a pleading or preclusion, are imposed. They've been issued in the New York State court system on countless occasions for the last half-century, even before the enactment of the CPLR, to help light a fire under a party who has refused to provide disclosure or a bill of particulars. Sadly, in the realm of New York civil procedure, the same can be said of conditional orders requiring disclosure. Dangerfield would surely agree, he got no respect! When he told her that they needed a home improvement loan, she offered $1,000 and told him to move out.Īs Mr. He told Rodney: "If they want you, they'll come and get you." Then there was his wife. Remember the one he told about the doctor who slapped his face when he was born? Then there was his old man, who never took him to the zoo. ![]() He eventually gave show business another try in the 1960s and became a huge success. He accomplished so little in the trade that, after he quit, he recounted that he was the only one who knew he quit. He gave up show business for a career as an aluminum siding salesman. He worked as a singing waiter, but was fired. Any person reading this piece who reached the age of majority by 1980 surely remembers the great Rodney Dangerfield, with eyes bulging and legs shuffling, constantly tugging on his trademark red tie.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |