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Allen v. H.E.R. Laboratories, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 1953
281 App. Div. 740 (N.Y. App. Div. 1953)

Opinion

January 20, 1953.

Present — Peck, P.J., Callahan, Van Voorhis and Breitel, JJ.;


Order unanimously modified to the extent of granting the motion requiring plaintiff to separately state and number causes of action and, as so modified, affirmed, with $20 costs and disbursements to the appellants. In view of the schedule annexed to the complaint itemizing different litigations involving separate corporations, it is not clear that the complaint intended to allege that both corporations assumed liability for services rendered to the other as well as to itself. The complaint should be clarified either by stating separate causes of action against the separate corporations or by alleging facts sufficient to show the undertaking by both corporations to answer for all the services rendered.


Callahan, J., concurs in the following memorandum:

The test as to the number of causes of action to be pleaded depends on the number of separate contracts of hiring relied on by plaintiff. The enforcement of each separate contract must be sought by pleading a separate cause of action.


Summaries of

Allen v. H.E.R. Laboratories, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 1953
281 App. Div. 740 (N.Y. App. Div. 1953)
Case details for

Allen v. H.E.R. Laboratories, Inc.

Case Details

Full title:RUDOLPH ALLEN, Respondent, v. H.E.R. LABORATORIES, INC., et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 20, 1953

Citations

281 App. Div. 740 (N.Y. App. Div. 1953)