Legal Question in Civil Litigation in New York
Plaintiff was served with a demand for a bill of particulars by respondent. They returned with a motion with a memorandum of law indicating they are not obligated to return with the "particulars" and that they belief they don't have trialable issues.
How do you force them to comply with the bill of particulars?
2 Answers from Attorneys
There's something here that doesn't quite make sense. If plaintiff believes there are no triable issues then they're admitting they do not have a case.
In any event, the appropriate way to compel compliance with a discovery demand is through a motion.
I agree. The plaintiff has the burden to make their case.
You need to make a motion to strike the complaint or compel discovery.
Given the nature of your question... You definitely need legal assistance. There are disturbing aspects of your question that would lead me to believe that there are two pro se litigants invovled in this case who do not have a handle on civil procedure.
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