Myers v. Seff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Emanuel J. Myers and others, from an interlocutory judgment of the Supreme Court in favor of the defendants, Harris Seff and Isidor Lauterstein, entered in-the office, of the clerk of the county of Hew York on the 4th day'of September, 1906, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the said defendants’ demurrer to the amended complaint on the ground that several causes of action have been…
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Appeal by the plaintiffs, Emanuel J. Myers and others, from an interlocutory judgment of the Supreme Court in favor of the defendants, Harris Seff and Isidor Lauterstein, entered in-the office, of the clerk of the county of Hew York on the 4th day'of September, 1906, upon the decision of the court, rendered after a trial at the Hew York Special Term, sustaining the said defendants’ demurrer to the amended complaint on the ground that several causes of action have been improperly united.
1Opinion of the Court
Ingraham, J.:
The question presented in this case is the same as that presented in Myers v. Lederer (117 App. Div. 27) decided herewith. For the reasons there stated the judgment appealed from must be affirmed, with costs, with leave to the plaintiffs, however, to serve an amended complaint within twenty days’ upon payment of costs in this court and in the court below.
Patterson, P. J., Laughlin, Clarke and Scott, JJ., concurred.
Judgment affirmed, with costs, with leave to plaintiffs to amend on payment of costs in this court and in the court below. Order filed.
2Cases cited1 opinion
- Myers v. LedererAppellate Division of the Supreme Court of the State of New York · 1907