Lyon v. Friedlander
City of New York Municipal Court
Action by Gerald Lyon against Albert Priedlander. Motion to require plaintiff to separately state two causes of action, united as one cause in the complaint, etc.
1Opinion of the CourtFinelite, J.
The plaintiff has united two causes of action as one cause of action in his complaint—the first for a balance due for work, labor, and services; second, for a wrongful discharge. A motion is now made why the plaintiff should not be directed to separately state and number as to the facts constituting each cause of action.
As a first cause of action he should state the facts as to the amount due him at the time he left the defendant’s employ; in the second cause of action, the facts which caused the alleged wrongful discharge. See Perry v. Dickerson, 85 N. Y. 345, 39 Am. Rep. 663; section 483, *570Co…
2Cases cited4 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Christopher & Tenth Street Railroad v. Twenty-Third Street Railway Co.New York Supreme Court · 1894
- Schroeder v. YoungAppellate Division of the Supreme Court of the State of New York · 1900