Auerbach v. Taub

New York Supreme Court

Auerbach v. Taub

194 Misc. 86, 87 N.Y.S.2d 902, 1949 N.Y. Misc. LEXIS 2025

DecidedJanuary 5, 1949

StatusPublished

This text of 194 Misc. 86 (Auerbach v. Taub) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Auerbach v. Taub, 194 Misc. 86, 87 N.Y.S.2d 902, 1949 N.Y. Misc. LEXIS 2025 (N.Y. Super. Ct. 1949).

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Opinion

Cohalan, J.

Motion to strike the second and third causes is denied. Three separate causes are stated seeking a recovery [87]*87on a contract of employment. Plaintiff’s counsel has chosen to anticipate defenses which may be raised and to avoid them in the complaint. It appears that such pleading is permissible (1 Abbott’s Forms of Pleading [3d ed.], n. 45, p. 223 et seq., and cases there cited).

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Cohalan, J.

Motion to strike the second and third causes is denied. Three separate causes are stated seeking a recovery [87]*87on a contract of employment. Plaintiff’s counsel has chosen to anticipate defenses which may be raised and to avoid them in the complaint. It appears that such pleading is permissible (1 Abbott’s Forms of Pleading [3d ed.], n. 45, p. 223 et seq., and cases there cited).

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Bluebook (online)

194 Misc. 86, 87 N.Y.S.2d 902, 1949 N.Y. Misc. LEXIS 2025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auerbach-v-taub-nysupct-1949.