Townley v. Import Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 34th day of January, 1916, denying a motion to separately state and number causes of action in the amended complaint.
1Per curiam
Upon the complaint as framed, we are satisfied that there is but one cause of action attempted to be set forth. Upon the question whether there is a cause of action which would withstand demurrer, we express no opinion. (See Matter of Bouker Contracting Co. v. Calahan Contracting Co., 93 Misc. Rep. 341; affd., on opinion of Lehman, J., 173 App. Div. 906.) The order appealed from is, therefore, affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., McLaughlin, Laughlin, Smith and Page, JJ. Order affirmed, with ten dollars costs and disbursements.
2Cases cited1 opinion
- Mazurajtis v. MaknawyceNew York Supreme Court · 1916