When a bill of particulars is replete with palpably improper evidentiary requests, the proper remedy is vacatur of the bill of particulars. In other words, the purpose of the bill of particulars is to amplify the pleading, limit the proof, and prevent surprise at trial, but it is not a vehicle to obtain evidentiary material. In fact, although the drafters of the CPLR also recommended its abolishment in conjunction with the expansion of the disclosure statutes now found in article 31, the Legislature retained the bill of particulars, not as a disclosure device, but in its traditional and limited role as a means of amplifying a pleading. The bill of particulars has been abolished in many jurisdictions, including in the federal courts, as broader disclosure statutes have rendered them superfluous. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device, explaining: On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v.
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