Caleo v. Goldstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Vito Oaleo and others, from an interlocutory judgment of the Supreme Court in favor of the defendant Lena Goldstein, entered in the office of the clerk of the county of Kings on the 8tli day of January, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the said defendant’s demurrer to the amended complaint upon the grounds that it does not state facts sufficient to constitute a cause of action…
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Appeal by the plaintiffs, Vito Oaleo and others, from an interlocutory judgment of the Supreme Court in favor of the defendant Lena Goldstein, entered in the office of the clerk of the county of Kings on the 8tli day of January, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the said defendant’s demurrer to the amended complaint upon the grounds that it does not state facts sufficient to constitute a cause of action ; that there is a misjoinder of causes of action in that one against the respondent is united with one against the…
1Opinion of the Court
Rich, J.:
The learned justice at Special Term has held that if the cause of action stated in the complaint can be maintained in equity the alleged defect of misjoinder of causes of action is not substantial and presents no bar to maintaining the action. (61 Misc. Rep. 582.) I concur in this view, but he has reached the conclusion that the complaint did not state a cause of action for equitable relief. In this I think he was in error. If it should appear that a building has been erected upon the land of the plaintiffs, equitable interference to compel its removal by the person who wrongfully…
2Cases cited6 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
- Kellogg v. SipleAppellate Division of the Supreme Court of the State of New York · 1896
- Gavazzi v. DryfoosNew York Supreme Court · 1905
- Hilton Bridge Const. Co. v. Gouverneur & O. RailroadNew York Supreme Court · 1895
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3Cited by3 opinions
- Town of Manchester v. Town of TownshendSupreme Court of Vermont · 1937
- Hardt v. OrrNebraska Supreme Court · 1942
- Todaro v. Somerville Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910