Roemmelt v. Selden Sales & Service Co.

Order denying motion of defendant Selden Truck Corporation to dismiss amended complaint as against it affirmed, with ten dollars costs and disbursements. The complaint as now framed may fairly be said to state a cause of action against the appellant as an undisclosed principal. With regard to the allegations of fraud and diversion or conversion of assets, we regard them as irrelevant to the cause of action relied upon. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.