![]() ![]() Since article 16 need not be pleaded as an affirmative defense, "it follows that the respondents need not provide a bill of particulars with regard to CPLR article 16 (contra, Ryan v. ![]() Weinraub (208 AD2d 689 ), the Second Department majority held that whenever a plaintiff sues multiple defendants, the article 16 apportionment defense will automatically apply by operation of CPLR 1601 (1), unless the plaintiff can prove that an exception is applicable.Ĭonsequently, the Second Department reasons, in those cases in which article 16 apportionment automatically applies, no affirmative defense need be pleaded. The Ryan court observed that "it is well settled that a party must provide a bill of particulars on matters on which he bears the burden of proof (see, Siegel, NY Prac 238, at 292)." (Id.) at 1046.)ĬPLR 1603 provides in part that a "party asserting limited liability pursuant to this article shall have the burden of proving by a preponderance of the evidence its equitable share of the total liability." The respondent in a lawsuit might request a bill of particulars if the complaint has general allegations without getting into the specific details that would be. The Fourth Department held that "defendants must provide a responsive bill of particulars with respect to their third affirmative defenses because they bear the burden of proof under CPLR 1603, as the parties seeking to limit their liability." (Id. The statute also contains certain savings provisions that carry forward pre- existing law in particular circumstances. (c) The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held. A party may serve a supplemental bill of particulars with respect to claims of continuing special damages and disabilities without leave of court at any time, but not less than thirty days prior to trial. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. 3043 Bill of particulars in personal injury actions (b) Supplemental bill of particulars without leave. John the Baptist Roman Catholic Church (church) in Brooklyn, moves, pursuant to CPLR 3211 (a) (7) and/or CPLR 3212, to dismiss the claims against him. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. Beavers (170 AD2d 1045 ), the Fourth Department precluded defendants from presenting proof with respect to their article 16 apportionment defense unless defendants served a responsive bill of particulars. Defendant Joseph Agostino, former pastor at defendant St. Does a Defendant Have to Provide a Bill of Particulars on Matters on Which He Bears the Burden of Proof ?In Ryan v. ![]()
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