Tompkins v. Patchogue Manufacturing Co.

Order 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.