| N.Y. App. Div. | May 20, 1954
Order affirmed, with $10 costs and disbursements. All concur, except Wheeler and Van Duser, JJ., who dissent and vote for reversal and for granting the motion in the following memorandum: 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 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 A.D. 787" date_filed="1936-12-30" court="N.Y. App. Div." case_name="City of New York v. New York Water Service Corp.">249 App. Div. 787.) American Surety Go. v. Connor (251 N.Y. 1" date_filed="1929-05-28" court="NY" case_name="American Surety Co. v. Conner">251 N. Y. 1, 7) and State of Bio de Janeiro v. Bollins é Sons (299 N.Y. 363" date_filed="1949-07-19" court="NY" case_name="State of Rio De Janeiro v. E. H. Rollins & Sons, Inc.">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 eases do not hold that only a single cause of action is presented. (Appeal from an order denying defendants’ motion to compel plaintiff to separately state and number its causes of action.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.