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Bill of particulars new york3/24/2024 ![]() It further ruled that the claim that the demand for a bill of particulars constituted interrogatories was whole without merit. The court decided that, despite the fact that the subject demand is not enumerated in CPLR 3043(a), the lower court acted properly in directing the plaintiff to respond. On appeal, the Appellate Division affirmed the lower court’s decision granting the defendant’s motion to compel the plaintiff to respond to a specified demand within the defendant’s demand for a bill of particulars. ![]() Marine Transport Services, Inc., which held that, while the information sought by the bill of particulars demand was undeniably information that would normally be obtained through discovery, there was no evidence that the party would suffer any prejudice by providing the requested information. The court rejected these arguments, citing the case of Twiddy v. She further asserts that the demand is evidentiary in nature and thus constitutes an interrogatory under CPLR 3130. In Ethington, the plaintiff argued that under CPLR 3043, a request which exceeds the statutorily defined scope of a demand for a bill of particulars is not a demand for a bill of particulars, regardless, it might be labeled. ![]() Accordingly, the defendant requested in its demand for a bill of particulars whether the plaintiff ever informed anyone in the store about her fall, and the plaintiff objected. In this trip and fall case, the plaintiff alleged personal injuries resulting from a fall in a department store owned and operated by the defendant. H & M Hennes & Mauritz, L.P., awarding the defendant’s costs and attorney’s fees for the appeal. The Appellate Division Second Judicial Department recently debunked this claim in Ethington v. These objections are unfounded and ignore the broad scope of discovery permitted during the pre-trial phase of litigation. Nevertheless, an issue frequently arises where the plaintiff’s counsel will object to the defendant’s demand for a Bill of Particulars, arguing that it exceeds the scope of what is specified in CPLR Section 3043 and/or has the nature of an interrogatory and that the defendant has thus waived its right to an examination before trial (EBT). This sharing of information facilitates a more efficient resolution of the case and encourages settlement since each party can now make more informed decisions on the strengths and weaknesses of their respective positions. Scibetta.ĭiscovery is a vital stage in the litigation process as it allows the parties to formally exchange information regarding the witnesses and evidence they intend to present, thereby eliminating surprises at the time of trial. ![]() The Workers’ Bill of Rights should also be posted online or on the employer’s mobile application “if such means are regularly used to communicate with employees.” The distribution and posting must be provided in English and in any language spoken as a primary language by at least 5% of employees, if the DCWP has the Workers’ Bill of Rights available in that language.Įmployers that fail to adhere to the posting requirement will incur a $500 penalty, but first-time violators will be given a 30-day window to cure any violation.By Marc H. Also by July 1, 2024, employers will be required to post the provided poster in a conspicuous location that is accessible and visible to employees. Thereafter, employers must provide the Workers’ Bill of Rights to each new hire on an employee’s first day of work. The Workers’ Bill of Rights provides information about the rights and protections of employees, independent contractors, and prospective employees in New York City under City, State and federal laws.īy July 1, 2024, employers are required to provide a copy of the Workers’ Bill of Rights to each of their current employees. On March 1, 2024, New York City’s Department of Consumer and Worker Protection (DCWP) released its newly expanded Workers’ Bill of Rights.
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