Stines v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Rapid Transit Subway Construction Company and another, from an order of the Supreme Court, made at the Kings County Special Term and entered.in the office of the clerk of the county of Kings on the 18th day of May, 1912, denying the said defendants’ motion for an order requiring the plaintiff to serve an amended complaint.
1Opinion of the Court
Jenks, P. J.:
The question presented is whether the defendants are entitled to invoke section 483 of the Code of Civil Procedure which provides that “Where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause of action must be separate and numbered.” The contention is that the pleader has set forth two causes of action in the first seven paragraphs of his amended complaint, In Payne v. N. Y., S. & W. R. R. Co. (201 N. Y. 436) the court, after comment that the Code does not define a single *277or separate cause of action, says that there is no…
2Cases cited2 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Fleitmann v. United Gas Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Wood v. New York Inter-Urban Water Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Elfenbein v. Town of MamaroneckAppellate Division of the Supreme Court of the State of New York · 1944
- Philipp v. Otis Elevator Co.New York Supreme Court · 1962