Pitzalis v. Prudential Insurance of America

Defendant is not proceeding strictly under rule 103, but is asking that plaintiff be compelled to elect between two causes of action claimed to be stated in his complaint and that thereafter the claimed cause of action not adopted be stricken from the complaint. In the circumstances we do not pass upon the sufficiency of the complaint wholly or partially. The causes of action claimed to be stated in plaintiff’s individual and administrative capacities are not “ consistent with each other.” (Civ. Prac. Act, § 258.) It is the joinder of plaintiffs and their causes of action with which we are…