Iandoli v. Asiatic Petroleum Corp., 77 N.Y.2d 332 (1991)
A defendant who fails to comply with a request for a bill of particulars regarding a defense may be precluded from introducing evidence related to that defense, even if the defendant asserts a general denial.
Summary
This case addresses the consequences of a defendant’s failure to respond to a request for a bill of particulars concerning defenses asserted in their answer. The plaintiff, a subcontractor, sought a bill of particulars regarding the defendant’s counterclaims and defenses. When the defendant failed to respond, the plaintiff obtained a preclusion order. The Court of Appeals held that the defendant’s failure to challenge the request or comply with the preclusion order justified summary judgment for the plaintiff, even if the defendant asserted a general denial. The dissent argued the request was improperly directed to matters the defendant did not have the burden to prove.
Facts
The plaintiff, a subcontractor, sued the defendant, a general contractor and its surety, to collect the balance due on a contract. The defendant’s answer included both counterclaims and defenses. The plaintiff requested a bill of particulars related to specific paragraphs of the answer that the defendant labeled as “counterclaim and defense.” The defendant did not respond to this request or subsequent discovery requests.
Procedural History
The plaintiff moved for a preclusion order due to the defendant’s failure to provide a bill of particulars. The trial court granted a conditional preclusion order, which the defendant also ignored. Subsequently, the plaintiff moved for summary judgment, which the trial court granted. The Appellate Division affirmed. The Court of Appeals reversed, holding that a general denial insulates a defendant from the effects of a preclusion order.
Issue(s)
Whether a defendant who asserts a general denial is insulated from a preclusion order resulting from their failure to provide a bill of particulars regarding their defenses.
Holding
No, because a defendant who fails to challenge a request for a bill of particulars or comply with a preclusion order risks being precluded from introducing evidence to support their defenses, regardless of whether they also assert a general denial. The defendant should have moved to vacate or modify the request if they believed it was improper.
Court’s Reasoning
The Court of Appeals majority reasoned that the bill of particulars is an integral part of the CPLR. The defendant had several opportunities to challenge the request for particulars, including moving to vacate or modify the request under CPLR 3042(a) or amending their answer under CPLR 3025(a) and (b). By failing to respond to the request, the motion for preclusion, and the conditional preclusion order, the defendant waived their right to object. The court emphasized the CPLR specifies when and how a request for particulars should be made, amended, and answered, as well as the sanctions for non-compliance. The Court held that allowing the defendant to evade the consequences of their non-compliance would reward their indifference to the CPLR and encourage costly, time-consuming motion practice. Allowing the defendant to claim protection of the general denial at such a late stage undermines the purpose of the bill of particulars, which is to clarify the issues and prevent surprise at trial. The court stated “Where a defendant fails to furnish a requested bill of particulars with respect to a defense, it may be precluded from introducing evidence relevant to that defense.”