¶1Order modified by striking out the provision requiring plaintiff to elect between the causes of action alleged in paragraphs 3d and 4th of the complaint, or to separately state and number said causes of action. The complaint states but one cause of action. (Payne v. N. Y., S. & W. R. R. Co., 201 N. Y. 436.) As so modified, order affirmed, without costs. Jenks, P. J., Thomas, Mills, Kelly and Jaycox, JJ., concurred.
184 A.D. 954
Tompkins v. Patchogue Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-06-15
Relies on Payne v. . N.Y., S. W.R.R. Co.
Decided 1918-06-15