In all actions in which the plaintiff declares generally, without specifying his cause of action, a judge upon application will order him to give the defendant a bill of the particulars, and in the meantime stay, proceedings. A bill of particulars becomes part of the pleading for which it is intended. A detailed informal statement of a plaintiff is cause of action, or of the defendants's set-off. After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five (5) calendar days in any event. ![]() Stay of period to file responsive pleading. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed, or make such other order as it deems just. pawloski, index no.: 905951/2017 plaintiff, second supplemental -against- verified bill of particulars ioliene boenau, m.d., amy balog, fnp, glorimar atiles, m.d., jason heckman, md, saratoga hospital, and st. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. 40 received nyscef: supreme court of the state of new york county of albany -x michael pawloski and katie m. If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court. Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court, which may either deny or grant it outright, or allow the parties the opportunity to be heard. ![]() Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. If the pleading is a reply, the motion must be filed within ten (10) calendar days from service thereof. Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him or her properly to prepare his or her responsive pleading.
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