![]() ![]() (5) If actual notice is claimed, a statement of when and to whom it was given (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed (3) General statement of the acts or omissions constituting the negligence claimed (1) The date and approximate time of day of the occurrence In actions to recover for personal injuries the following particulars may be required: ![]() Bill of particulars in personal injury actions. So the next time you get a BOP Demand that goes outside these 9 areas of inquiry, you can reply: Improper Demand, beyond the scope of CPLR §3043.īelow I have pasted CPLR §3043 for your convenience in reviewing this statute: I think alot of this may be due to the fact that some plaintiff’s lawyers haven’t bothered to read CPLR §3043 which specifies just 9 areas of inquiry in a NY personal injury action. I have noticed a recent trend with defense lawyers asking more and more BOP questions that are clearly objectionable. My advice is that you review the BOP demands carefully and ONLY answer those BOP demands that are appropriate and OBJECT to any BOP demands that are inappropriate. However, because a BOP Response is a pleading and responses are admissible at trial, you don’t want to answer any more questions than are legally required. Accordingly, for those questions you are required to answer, it is important that your answers be as complete as possible. Necessary because we are required to do it and evil because a trial judge will generally limit your proof at trial to your answers to the defendant’s demand. For my fellow NY accident attorney readers, we all know that answering the defense lawyer’s Demand for Bill of Particulars is a necessary evil.
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