3013

CPLR § 3013 Particularity of statements generally

U.S. Underwriters Ins. Co. v Greenwald, 2011 NY Slip Op 01528 (App. Div., 1st 2011)

Contrary to Greenwald's contention, the complaint sets forth all the elements of a negligence cause of action and apprises Greenwald of the acts intended to be proved (see CPLR 3013). Moreover, the evidence that Greenwald was dining at a restaurant outside the vicinity of the apartment building and was not observed near the apartment around the time of the fire does not conclusively establish that he played no part in causing the fire. Since Greenwald's whereabouts at the material time are likely to be predominantly within his and Corsell's knowledge, it would be premature to dismiss the negligence cause of action prior to discovery (see Barrios v Boston Props. LLC, 55 AD3d 339 [2008]).

The bold is mine.