On January 27, 2026, the First Department issued a decision in Blumenfeld v. Smith, 2026 NY Slip Op. 00308, holding that a demand for a bill of particulars seeking evidentiary material was improper, explaining:
The motion court providently exercised its discretion in declining to require plaintiffs to respond to the demand for a bill of particulars. The object of a bill of particulars is to amplify the pleading, limit the proof, and prevent surprise at trial, not to gain disclosure of evidentiary material. The subject demand improperly requests material evidentiary in nature that is more appropriately sought through discovery.
(Internal quotations and citations omitted).