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...
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