Webster v. Supermarkets General Corp.

Full title: SYLIVA WEBSTER, Appellant, v. SUPERMARKETS GENERAL CORP., Doing Business…

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

Date published: Nov 7, 1994

209 A.D.2d 405 (N.Y. App. Div. 1994)

619 N.Y.S.2d 577

Opinion

November 7, 1994

Appeal from the Supreme Court, Kings County (Vinik, J.).

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 33 N.Y.2d 532). Thus, the Supreme Court properly dismissed the complaint. Lawrence, J.P., O'Brien, Joy and Altman, JJ., concur.