The plaintiff also submitted a Supplemental Bill of Particulars with the opposition papers, which the defendants rejected, claiming that the plaintiff’s new Bill of Particulars had to be served as an “Amended” Bill of Particulars rather than as a Supplemental Bill of Particulars. In opposition to that motion, the plaintiff served papers that included an affidavit from an engineering expert referencing numerous building code violations never previously alleged in the plaintiff’s original Bill of Particulars. In the Silber action, the defendant, Sullivan Properties, made a post-Note of Issue motion for summary judgment. In New York, a Bill of Particulars is a pleading that is substantively equivalent to responses to interrogatories and typically details in specificity a plaintiff’s injuries, the defendant’s alleged misconduct, and the specific statutes and/or code violations that the defendant is alleged to have violated.
Sullivan Properties, L.P., affirming the trial court’s denial of a plaintiff’s post-Note of Issue motion to file an Amended Bill of Particulars, which charged the defendant with violating a section of the building code that had never been previously alleged. (May 6, 2020) - On April 30, 2020, the New York’s Appellate Division, First Department, issued a decision in Silber v. Amended Bill of Particulars: If Challenged, New York Courts Will Closely Examine Such Filings Post-Note of Issue (5) If the general form of charging document described in paragraph (2) of this subsection is used to charge reckless endangerment under § 3-204 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars.Supplemental vs. (ii) contain a single count based on the conduct of the defendant, regardless of the number of individuals endangered by the conduct of the defendant. (i) include a count for each individual endangered by the conduct of the defendant or (4) A charging document containing a charge of reckless endangerment under § 3-204 of this subtitle may: (3) If more than one individual is endangered by the conduct of the defendant, a separate charge may be brought for each individual endangered. "(name of defendant) on (date) in (county) committed reckless endangerment in violation of § 3-204 of the Criminal Law Article against the peace, government, and dignity of the State.".
(2) A charging document for reckless endangerment under § 3-204 of this subtitle is sufficient if it substantially states: (d) (1) To be found guilty of reckless endangerment under § 3-204 of this subtitle, a defendant must be charged specifically with reckless endangerment.
(c) A charge of assault in the first degree also charges a defendant with assault in the second degree. (b) If the general form of indictment or information described in subsection (a) of this section is used to charge a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle in a case in the circuit court, the defendant, on timely demand, is entitled to a bill of particulars. degree or (describe other violation) in violation of (section violated) against the peace, government, and dignity of the State.". "(name of defendant) on (date) in (county) assaulted (name of victim) in the. (a) An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states: View our newest version here Maryland Criminal Law Section 3-206 Article - Criminal Law