Fileman v. Mooney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George L. Fileman. and another, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 20th day of June, 1918, denying their motion for judgment on the pleadings after a demurrer had been interposed to the complaint on the grounds, (1) that two alleged causes of action have been improperly united therein; and (2) that the second cause of action does not state facts…
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Appeal by the plaintiffs, George L. Fileman. and another, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 20th day of June, 1918, denying their motion for judgment on the pleadings after a demurrer had been interposed to the complaint on the grounds, (1) that two alleged causes of action have been improperly united therein; and (2) that the second cause of action does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Rich, J.:
The complaint in substance alleges fraud on the part of defendant in procuring plaintiffs’ execution of a lease to certain premises in the borough of Manhattan, known as 133-135 Amsterdam avenue, whereby plaintiffs were induced to pay to defendant $1,500.
The second cause of action, after substantially realleging the first, sets forth the discovery of the alleged fraud, and plaintiffs’ disaffirmance of the contract by a refusal to pay the sum of $500 when due pursuant to the lease and supplemental agreements. It also alleges that defendant leased the premises to another at the same or…
2Cases cited2 opinions
- Logan v. WhitleyAppellate Division of the Supreme Court of the State of New York · 1908
- Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Fileman v. MooneyAppellate Division of the Supreme Court of the State of New York · 1921