Todaro v. Somerville Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Filippo Todaro, from an interlocutory judgment of the Supreme Court in favor of the defendant the City of New York, entered in the office of the clerk of the county of Kings on the 15th' day of November, 1909, upon the decision of the court, rendered'after a trial at the Kings County Special Term, sustaining the said defendant’s demurrer to-the complaint.
1Opinion of the Court
Carr, J.:
This is an appeal from ah interlocutory judgment Sustaining a demurrer on the part of the defendant, the City of New York, to the complaint herein. As to the sufficiency of the complaint as to the other defendants we have expressed- our opinion in another appeal in this same action (136 App. Div. 767). 'The ground of the present demurrer is that the complaint attempts to state two independent causes of action which do not affect all of the. parties to the action, and which, therefore, cannot be joined in the same complaint under section.484 of the Code of Civil Procedure. ' In the…
2Cases cited10 opinions
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Goldberg v. . UtleyNew York Court of Appeals · 1875
- Townsend v. . BogertNew York Court of Appeals · 1891
- Higgins v. . CrichtonNew York Court of Appeals · 1885
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3Cited by5 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Dusenberry v. Sagamore Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Lumb v. LumbAppellate Division of the Supreme Court of the State of New York · 1913
- Obermayer v. GeeringNew York Supreme Court · 1911
- Schuller v. TodaroAppellate Division of the Supreme Court of the State of New York · 1910