Anchor Concrete Products, Inc. v. Roetzer

Order affirmed, with $10 costs and disbursements. All concur, except Wheeler and Van Duser, JJ., who dissent and vote for reversal and for granting the motion in the following memorandum: We think the complaint intermingles three causes of action: one for damages for breach of contract, another to set aside a fraudulent conveyance, and a third to enforce the trust fund provisions of section 13 of the Lien Law. Since the proof under the various causes of action is “ unrelated and would necessarily differ and concern different parties,” defendants’ motion to separately state and number should…