677, 446 N.Y.S.2d 628 (4th Dept.1981), which states “A party is required to give particulars only as to those matters upon which it has the burden of proof (cites omitted)”, plaintiff here asserts that since he raised no claim against Eastern, he has no burden of proof vis-a-vis such claims as were raised by defendant/third party plaintiff Scovill. The Travelers Companies et al., 84 A.D.2d 676, at pg. Citing the case of New England Seafoods of Amherst, Inc. Plaintiff was not the party whose pleadings alleged that Eastern had any liability in this accident plaintiff's pleadings allege that his on-the-job injury was due to a defect in a machine manufactured by defendant Scovill. Plaintiff has made no direct claims against his employer, Eastern, and consequently he asserts that he should not be expected to supply particulars regarding Eastern's alleged negligence towards plaintiff. Since we do not know when depositions were held, it cannot be determined that the demand for a bill of particulars was submitted unreasonably late thereafter. See In the Matter of Proving the Last Will and Testament of A. While this may be the case, it is appropriate to request a bill of particulars after depositions have been held. Plaintiff believes that the demand for a bill of particulars at this late date is improper. Firstly, plaintiff points out that the demand served by Eastern was not served until close to four years after it was joined in the third party action and extensive discovery has been conducted in which Eastern fully participated. Plaintiff opposes this motion on several grounds. Eastern has further requested that the court grant costs and attorney's fees for the necessity of making this motion. (hereinafter “Eastern”), has moved for an order to compel plaintiff to respond to its demand for a bill of particulars or to alternatively preclude plaintiff from submitting evidence at trial as to those items for which a bill of particulars has not been delivered. Third Party defendant, Eastern Silver Co., Inc. Plaintiff alleges that the injury occurred due to a malfunction of the machine he was using, which had been manufactured by defendant Scovill Inc. In this products liability action, plaintiff, Alberto Rodriguez was injured while straightening a piece of sheet metal as an employee of Eastern Silver Co., Inc. Hogan, Jones & Parisi, P.C., Mineola, for plaintiff. London, New York City, for defendant and third-party plaintiff. Laykind & Summers, Franklin Square, for third-party defendant. SCOVILL, INC., Defendant and Third-Party Plaintiff, Eastern Silver Co., Inc., Third-Party Defendant.
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