Trans-State Hay & Feed Corp. v. Faberge, Inc.

Order, Supreme Court, New York County, entered on October 6,1971, denying defendant’s motion to dismiss the second and third causes of action, unanimously reversed, on the law, the motion granted, and the second and third causes of action dismissed and severed. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The allegations contained in the second cause of action failed to establish a claim independent of the first cause of action sounding in breach of contract. Plaintiff was damaged, if at all, solely by defendants’ failure to deliver the subject…