Opinion
March 12, 1952.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Wheeler, JJ.
Order reversed, on the law, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plaintiff to plead over within twenty days upon payment of costs. 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.)