N.Y. Civil Practice Law & Rules § 3042: Procedure for bill of particulars

Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for

a bill of particulars shall be made by serving a written demand stating

the items concerning which particulars are desired. Within thirty days

of service of a demand for a bill of particulars, the party on whom the

demand is made shall serve a bill of particulars complying with each

item of the demand, except any item to which the party objects, in which

event the reasons for the objection shall be stated with reasonable

particularity. The assertion of an objection to one or more of the items

in the demand shall not relieve the party on whom the demand is made

from the obligation to respond in full within thirty days of service of

the demand to the items of the demand to which no objection has been

made.

(b) Amendment. In any action or proceeding in a court in which a note

of issue is required to be filed, a party may amend the bill of

particulars once as of course prior to the filing of a note of issue.

(c) Failure to respond or to comply with a demand. If a party fails to

respond to a demand in a timely fashion or fails to comply fully with a

demand, the party seeking the bill of particulars may move to compel

compliance, or, if such failure is willful, for the imposition of

penalties pursuant to subdivision (d) of this rule.

(d) Penalties for refusal to comply. If a party served with a demand

for a bill of particulars willfully fails to provide particulars which

the court finds ought to have been provided pursuant to this rule, the

court may make such final or conditional order with regard to the

failure or refusal as is just, including such relief as is set forth in

section thirty-one hundred twenty-six of this chapter.

(e) Service of improper or unduly burdensome demands. If the court

concludes that the demand for particulars, or a part thereof, is

improper or unduly burdensome, in addition to vacating or modifying the

demand, the court may make such order with regard to the improper or

unduly burdensome demand as is just.