Opinion
December 29, 1949.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
The complaint pleads a cause of action for trespass. It also seems to plead a purported cause of action for failure to exercise an option to purchase land alleging that the purpose of the failure to exercise the option was to facilitate the trespass elsewhere pleaded, and that, therefore, the failure to exercise the option was not in good faith. A further "cause" is pleaded that as the result of attempting to move one of defendant's machines from his property left there as part of the trespass, plaintiff was injured. A failure to exercise an option, as here pleaded, and an injury attempting to move a machine left on one's property do not constitute good causes of action, and should have been stricken from the pleading. The allegations of trespass on which plaintiff relies should be separately stated and numbered. Order unanimously affirmed, with $10 costs and disbursements.