Opinion
October 16, 1961
In an action to recover damages for wrongful death, defendant John Arborio, Inc., appeals from an order of the Supreme Court, Orange County, dated February 2, 1961, which denied its motion to require plaintiff to separately state and number the causes of action, or in the alternative, to dismiss the complaint as against it pursuant to rule 106 of the Rules of Civil Practice, on the ground that it does not set forth facts sufficient to constitute a cause of action. Order affirmed, with $10 costs and disbursements (see Volock v. John Arborio, Inc., 1 A.D.2d 963). Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.