Opinion
May 20, 1954.
Present — Vaughan, J.P., Kimball, Piper, Wheeler and Van Duser, JJ.
Order affirmed, with $10 costs and disbursements.
We think the complaint intermingles three causes of action: one for damages for breach of contract, another to set aside a fraudulent conveyance, and a third to enforce the trust fund provisions of section 13 Lien of the Lien Law. Since the proof under the various causes of action is "unrelated and would necessarily differ and concern different parties," defendants' motion to separately state and number should be granted. ( Lyon v. Israel, 249 App. Div. 787.) American Surety Co. v. Connor ( 251 N.Y. 1, 7) and State of Rio de Janeiro v. Rollins Sons ( 299 N.Y. 363, 367) merely hold that article 10 of the Debtor and Creditor Law abrogates "the ancient rule whereby a judgment and a lien were essential preliminaries to equitable relief against a fraudulent conveyance." These cases do not hold that only a single cause of action is presented.