138 N.Y.S. 962 | N.Y. App. Div. | 1912
The question presented is whether the defendants are entitled to invoke section 483 of the Code of Civil Procedure which provides that “Where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause of action must be separate and numbered.” The contention is that the pleader has set forth two causes of action in the first seven paragraphs of his amended complaint, In Payne v. N. Y., S. & W. R. R. Co. (201 N. Y. 436) the court, after comment that the Code does not define a single
The respondent contends that all of the defendants are answerable for both torts and that both torts arose out of one transaction, i. e., the building and maintenance of these stairways, but even so it does not follow that he has pleaded but one cause of action.
The order must be reversed, with ten dollars costs and disbursements, and the motion must he granted, with ten dollars costs.
Thomas, Carr, Woodward and Rich, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.