Appellate Division of the Supreme Court of New York, 1937

Ehde v. H. C. Barber Co.

Ehde v. H. C. Barber Co.
Appellate Division of the Supreme Court of New York · Decided May 26, 1937
251 A.D. 792; 297 N.Y.S. 276; 1937 N.Y. App. Div. LEXIS 7558
Ehde v. H. C. Barber Co.

Opinion of the Court

Order reversed, with ten dollars costs and disbursements and motion denied, with ten dollars costs. Memorandum: There is but one cause of *793action alleged in the complaint. It does not matter what technical name be given to it. While the plaintiff has attempted to characterize his cause of action by giving it names, we are of the opinion that the names may be disregarded. Respondent’s belief that two or more causes of action are pleaded is due in part at least to the prolixity and verbosity of the complaint, which contains a large amount of purely evidentiary matter. All concur. (The order directs plaintiff separately to state and number his causes of action in an automobile negligence action.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, J J.

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