Order reversed, on the law, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plaintiff to plead over within twenty days upon payment of costs.
Memorandum:
The complaint fails to state facts sufficient to constitute a cause of action. (See Beatty v. McCutcheon, 200 App. Div. 869.) A bill of particulars is no part of the pleadings and cannot enlarge a cause of action or perfect an imperfect pleading. (Dodge v. Weill...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
