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WEBSTER v. SUPERMARKETS GEN. CORP.

209 A.D.2d 405 (1994)

619 N.Y.S.2d 577

Syliva Webster, Appellant, v. Supermarkets General Corp., Doing Business as Pathmark, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1994

Ordered that the order is affirmed, with costs.

The complaint does not contain any allegations upon which a viable cause of action may be based (see, Trott v Merit Dept. Store, 106 A.D.2d 158). The plaintiff's attempt to assert a new cause of action by resort to the bill of particulars is improper (see, Lewis v Village of Deposit, 40 A.D.2d 730, affd ...

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