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SMITHTOWN HEALTH CARE FACILITY v. McCORMACK

70 A.D.3d 1028 (2010)

894 N.Y.S.2d 768

SMITHTOWN HEALTH CARE FACILITY, Appellant, v. JOHN McCORMACK, Respondent.

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

Decided February 23, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in limiting the plaintiff's proof at trial to the only cause of action which it pleaded in its complaint, to wit, an accounting, and in excluding any evidence relating to an alleged fraudulent transfer. The complaint failed to adequately plead or otherwise apprise the defendant of any claim based upon fraud and/or fraudulent transfer (see CPLR 3016[b];

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