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. Second, in Pearce the bill sought custodial care from the date of injury 'to the present.' 152 A.D.2d at 554, 543 N.Y.S.2d at 158. Bill of particulars in personal injury actions. Bills of Particulars in New York: Initial Considerations by Practical Law Litigation Maintained New York This Practice Note sets out the key issues counsel must consider before demanding or providing a bill of particulars in a civil lawsuit under New York law. 2d 157, 158 (1989).įirst, it is impossible to discern from the published opinion in Pearce the precise factual basis of the action or what facts justified the request for custodial care. In Pearce, which involved the later submission of a bill of particulars with a special damage claim for custodial care, the court held that because 'plaintiff was not merely updating allegations of special damages previously asserted but was rather adding a wholly new category of special damages, leave to serve the disputed bill was necessary.' Pearce v.

This involves the interpretation of the language of the rule, particularly the meaning of the phrase 'new cause of action or new injury.' The applicable standard of review depends on whether a plaintiff was supplementing the bill of particulars to set forth 'continuing special damages and disabilities' or whether the supplement was actually an amendment, setting forth a 'new cause of action. Supplemental bill of particulars Leave to amend claim Continuing special damagesġ52 A.D. Issue: Under New York law, how is it determined whether a supplemental bill of particulars sets forth continuing damages of an old claim or raises a new injury or claim, requiring leave of court to amend? Area of Law:

Bill of particulars new york