Bloom v. Gelb
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order denying motion to dismiss the complaint on the ground that it does not state a cause of action in equity affirmed, with ten dollars costs and disbursements. The complaint states a cause of action at law and that precludes a dismissal of the complaint even though the prayer for relief is equitable in its character. The prayer for relief is not the determining factor with respect to the character of the cause of action set out in the complaint. (Traub v. Arrow Manufacturing Corporation, 207 App. Div. 292, 296.) Lazansky, P. J., Kapper, Seeger, Carswell and Seudder, JJ., concur.
2Cases cited1 opinion
- Traub v. Arrow Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by5 opinions
- Drydock Knitting Mills, Inc. v. Queens Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Fahnestock v. Clark Henry Corp.New York Supreme Court · 1934
- Vella v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Boylan v. VogelNew York Supreme Court · 1933
- Gilbert v. BurnsideNew York Supreme Court · 1958