Polychrome Corp. v. Lithotech Corp.

Appeal from so much of an order as denied appellants’ motion (1) to require that respondent separately state and number any purported cause of action contained in the first cause of action in the second amended complaint, pursuant to subdivision 3 of section 1433 of the Penal Law (Rules Civ. Prae., rule 90) or, in the alternative, to strike from said complaint paragraph “B” of the prayer for relief; (2) to strike out the allegations in the second cause of action on the ground that said allegations and cause were unnecessary, redundant and repetitious (Civ. Prae. Act, § 241; Rules Civ. Prae.,…