Page v. St. Lawrence Condensed Milk Corp.

It was held at Special Term and we understand it to be the contention of the plaintiff that the complaint sets forth a cause of action at law. Judgment, however, is demanded not for legal but for equitable relief. This is a defect which if objection thereto is properly made before answer, as it is in this case, requires a dismissal of the complaint. (Consolidated Rubber Tire Co. v. Firestone Tire & Rubber Co., 135 App. Div. 805; affd., 199 N. Y. 536; Chadbourne v. Mayer, 207 App. Div. 754; Spring v. Fidelity Mutual Life Ins. Co., 183 id. 134.) The case of Sims v. Farson (157 App. Div. 38), a…