Public Admin. v. Frota Oceanica Brasileira

Full title: PUBLIC ADMINISTRATORS OF THE COUNTY OF NEW YORK et al., Appellants, v…

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

Date published: Jan 19, 1999

257 A.D.2d 469 (N.Y. App. Div. 1999)

682 N.Y.S.2d 844

Opinion

January 19, 1999.

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).

In addition to the existence of an unresolved question of fact that itself warranted the denial of summary judgment, plaintiffs' complaint was not pleaded with sufficient particularity to apprise defendants that payment of earned wages was among the damages being sought (CPLR 3013, 3017 N.Y.C.P.L.R. [a]; see also, Vanscoy v. Namic USA Corp., 234 A.D.2d 680, 681-682; Giaimo Vreeburg v. Smith, 192 A.D.2d 41, 44, appeal dismissed 82 N.Y.2d 803; Abrahami v. UPC Constr. Co., 176 A.D.2d 180).

We have considered plaintiffs' other arguments and find them to be unavailing.

Concur — Williams, J.P., Wallach, Andrias and Saxe, JJ.