Kitty Kelly Stores, Inc. v. Edison New York Stores, Inc.

243 A.D. 562

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 15, 1934
• Docket: Appeal No. 1
• Status: Published

Opinion

Order in so far as it denies appellant’s motion to require plaintiff separately to state and number the alleged causes of action in the complaint and to bring in additional parties defendant affirmed, with ten dollars costs and disbursements, with leave to answer within ten days from the entry of the order herein. The case is distinguishable from Bammon v. Holeproof Hosiery Company (233 App. Div. 699), where the complaint set out a cause of action in equity to reform several instruments because of mistake and fraud, and further causes of action for breach of such agreement as reformed. In the ease here decided no reformation is sought; the complaint stating merely an action to restrain defendants from violating a restrictive covenant contained in the plaintiff’s lease, for damages, and for an accounting of profits by defendants. Lazansky, P. J., Young, Seudder, Tompkins and Davis, JJ., concur.