Smithtown Health Care Facility v. McCormack

In an action for an accounting, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated March 4, 2009, which granted the defendant’s motion, in effect, to preclude it from amending its complaint to add a cause of action to recover damages for fraud and/or fraudulent transfer of property.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in limiting the plaintiffs 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…