![]() ![]() The bill of particulars shall not be filed with the clerk of the court or become a part of the record except on appeal, and then only when the issue to be reviewed relates to the facts stated in the bill of particulars. A copy of the bill of particulars shall be delivered to the judge. Have been served on or a deposition taken of the party from whom the bill of particulars is demanded, the court in its discretion may refuse to grant the demand for a bill of particulars. The facts stated in the bill of particulars shall be the specific facts upon which the action shall be tried. The opposing party may demand a statement of the facts which shall be furnished in the form of a bill of particulars. The following is an example of a state statute dealing with a bill of particulars Local court rules govern the format of a bill of particulars. The accused of the charges in a criminal case. ![]() In a criminalĬase, it is an itemized statement prepared by the prosecution and informing Or a defendant itemizing a claim or counterclaim in a suit. In a civil case, it is a formal statement prepared by a plaintiff In September 2004, when Amaiya was about one year old, she was tested and found to have a blood-lead level of less than three micrograms per deciliter.A bill of particulars is an itemization of charges, claims, or counterclaims The grandmother testified that there was peeling paint in a "bunch of places" in the apartment and that she complained about the condition every day to the superintendent. Brown.Īlexandra testified at her deposition that the landlord painted and performed repairs inside the apartment on several occasions prior to the birth of her daughter, sometimes in response to verbal complaints about the condition of the paint in the apartment. In 2003, Alexandra, who was still residing in the apartment, gave birth to Amaiya A. At that time, the grandmother's daughter, Alexandra Fildere-Brown, was 12 years old and resided in the apartment with the grandmother. Anne (hereinafter the grandmother) rented an apartment in a residential building owned by the landlord, pursuant to a lease which was renewable every two years. Accordingly, the Supreme Court should have granted those branches of the landlord's motion which were for summary judgment dismissing the cause of action alleging a violation of the RLPHRA and the claim for punitive damages. ![]() Additionally, as will also be discussed, we find that the landlord's conduct in this case was not so egregious as to support a claim for punitive damages. We conclude that the plaintiffs lack standing to maintain a cause of action under the RLPHRA. ) for injuries allegedly sustained as a result of a landlord's alleged failure to disclose the presence of known lead-based paint hazards. Among the primary issues we consider on this appeal is whether a lessee's adult daughter and infant grandchild have standing to assert a cause of action under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC § 4851 et seq. Brown, on whose behalf her mother, Alexandra Fildere-Brown, commenced this action, allegedly sustained injuries as a result of exposure to lead paint in a building owned by the defendant, Maple3, LLC (hereinafter the landlord). ![]()
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