Appellate Division of the Supreme Court of New York, 1929

Perciasepe v. National Reserve Insurance Co. of Illinois

Perciasepe v. National Reserve Insurance Co. of Illinois
Appellate Division of the Supreme Court of New York · Decided May 15, 1929
226 A.D. 812
Perciasepe v. National Reserve Insurance Co. of Illinois

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements. No question of joinder of actions is involved herein. There is but a single cause of action stated in the alternative with respect to one defendant or the other and the liability as between these defendants is determined by the decision of a common question of fact. (Ader v. Blau, 241 N. Y. 7, 13; Birch Field v. Davenport Shore Club, Inc., 223 App. Div. 767; Jamison v. Lamborn, 207 id. 375; Cuban-Canadian Sugar Co., S. A., v. Arbuckle, 127 Misc. 64; Carmody’s N. Y. Pr. [1924 Supp.] § 175, p. 57.) Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.

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