Legal Opinion

Scott v. Detroit & Cleveland Navigation Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1952Published

1Opinion of the Court

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, 158 N. Y. 346.) All concur. (Appeal from order denying defendant’s motion to dismiss plaintiff’s first cause of action, in a negligence action.) Present — 'Taylor, P. J., McCum, Vaughan, Kimball and Wheeler, JJ.

2Cases cited2 opinions

  1. Dodge v. . WeillNew York Court of Appeals · 1899
  2. Beatty v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1922