Cohn-Baer-Myers & Aronson Co. v. Realty Transfer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Cohn-Baer-Myers & Aronson Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 31st day of March, 1906, upon the decision of the court, rendered -after a-trial at, the New York Special Terrn, dismissing the plaintiff’s amended complaint. •
1Opinion of the Court
Ingraham, J.:
I concur with Mr. Justice Laughlin in the opinion that this action cannot he maintained upon the plaintiff’s theory of alternative relief as such an action is only justified where, on ■ the. facts stated, a plaintiff would be entitled to the alternative relief demanded against the same defendant or defendants.- As I understand it, neither at common- law nor under the Code of Civil Procedure can a- plaintiff join two defendants upon a claim that he has a right to relief against one or the other of said defendants. (Clark v. Lord Rivers, L. R. 5 Eq. Cas. 91.) If, however, the…
2Cited by3 opinions
- In re Acquiring Title by the City of New York to Certain Lands & Premises Situated on the Westerly Side of Hamilton PlaceNew York Supreme Court · 1910
- Hickey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- John P. Sharkey Co. v. City of PortlandOregon Supreme Court · 1911