Majority
p. 649Raquel Caban, as Administratrix of the Estate of Eduardo Caban, Deceased, et al., Respondents, v Dime Savings Bank of New York, Appellant, et al., Defendants.
— In a wrongful death action, the appeal is from so much of an order of the Supreme Court, Kings County, dated January 25, 1979, as, in effect, denied the appellant’s motion for a further bill of particulars. Order affirmed insofar as appealed from, with $50 costs and disbursements. The items requested in the demand for a further bill of particulars were evidentiary material not in amplification of a pleading. Such items may not be demanded in a bill of particulars (see Kenler v Weissbach, 61 AD2d 976 ; Cirelli v Victory Mem. Hosp., 45 AD2d 856 ), and, therefore, they were palpably improper. Suozzi, J. P., Lazer, Cohalan and Martuscello, JJ., concur.
Cases cited
- Kenler v. Weissbach 61 AD2d 976 p. 649