Myers v. Lederer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Emanuel J. Myers and others, from an order of the Supreme Court, made at the Yew York. Special Term and entered in the office of the clerk of the county of Yew York on the 19th day of March, 1907, denying the plaintiffs’ motion to compel the defendants, Harris Seff and Isidor Lauterstein to accept a second amended complaint served herein, which was returned upon the alleged ground that it did not conform to the requirements of the interlocutory…
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Appeal by the plaintiffs, Emanuel J. Myers and others, from an order of the Supreme Court, made at the Yew York. Special Term and entered in the office of the clerk of the county of Yew York on the 19th day of March, 1907, denying the plaintiffs’ motion to compel the defendants, Harris Seff and Isidor Lauterstein to accept a second amended complaint served herein, which was returned upon the alleged ground that it did not conform to the requirements of the interlocutory judgment and the judgment of this court, which affirmed the interlocutory judgment and granted leave to serve an amended…
1Opinion of the Court
Laughlin, J.:
The defendants Seff and Lauterstein demurred to the amended complaint herein, upon the- ground that it appeared, upon the face thereof that several causes of action had been improperly united. The court at Special Term sustained the demurrer, and the decision directed the entry of an interlocutory judgment requiring the plaintiffs to sever the action into four separate actions, the defendants in each respectively to be the parties named in the 5th, 6th, 7th and 8th paragraphs of the complaint respectively, “ with leave to the plaintiffs to serve a complaint in one of such…
2Cases cited1 opinion
- Myers v. LedererAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Hannan v. CaryAppellate Division of the Supreme Court of the State of New York · 1915