Opinion
November 14, 1958
George Knopp for petitioner.
Carlino Friedman ( Louis A. Friedman of counsel), for respondents.
The motion by contestant in this probate proceeding seeks an order vacating or modifying the bill of particulars demanded by the petitioner.
The motion is granted to the extent of denying item 1, subdivisions A and B, as they are concerned with matters upon which the proponent has the burden of proof ( Matter of Draisin, 11 Misc.2d 281, 283; Matter of Bresky, 6 Misc.2d 624).
In accordance with the prevailing rule in the Second Department that specific acts and particular false statements may be required in a bill of particulars as to the allegations of fraud, undue influence and duress ( Matter of Mottek, 6 Misc.2d 934; Matter of Van Riper, 171 Misc. 178), the motion in all other respects is denied.
Settle order on five days' notice.