Miller v. Spitzer

Plaintiff’s second amended complaint contains three causes of action.

The first and second causes of action pleaded in the complaint do not arise out of the same transaction nor are they connected with the same subject of action within subdivision 9 of section 258 of the Civil Practice Act.

The motion, as addressed to the second cause of action, is to strike out for misjoinder. On such a motion the question of sufficiency is not involved. The only contention under which this cause of action could be properly joined with the first cause of action is, that it comes under subdivision 9 of section…