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BEHREN v. WARREN GORHAM & LAMONT, INC.

24 A.D.3d 132 (2005)

808 N.Y.S.2d 157

ROBERT A. BEHREN et al., Appellants, v. WARREN GORHAM & LAMONT, INC., Respondent.

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

December 6, 2005.

The amended bill of particulars was properly stricken on the ground that it alleges a new theory not originally asserted in the complaint (see Linker v. County of Westchester, 214 A.D.2d 652 [1995]; Manning v. City of New York, 11 A.D.3d 335 [2004]). In particular, while the complaint alleges that defendant's mismanagement of the assets sold under the contract prevented plaintiffs from realizing...

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