Woernley v. Electromatic Typewriters, Inc.

We pass upon the complaint here before us in the light of our decisions in Giannavola v. General Railway Signal Co. (244 App. Div. 65) and Schmidt v. Merchants Despatch Transportation Co. (Id. 606), and the companion cases decided with the latter case, and hold that the first part of the complaint sufficiently states a cause of action in alleging a violation of a statute of the State with damages resulting. (Martin v. Herzog, 228 N. Y. 164; Amberg v. Kinley, 214 id. 531.) The first and fifth separate causes of action are, to be sure, but statements of different specifications or theories of…