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BLOOM v. GELB

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1929
227 App. Div. 619 (N.Y. App. Div. 1929)

Opinion

June, 1929.


Order denying motion to dismiss the complaint on the ground that it does not state a cause of action in equity affirmed, with ten dollars costs and disbursements. The complaint states a cause of action at law and that precludes a dismissal of the complaint even though the prayer for relief is equitable in its character. The prayer for relief is not the determining factor with respect to the character of the cause of action set out in the complaint. ( Traub v. Arrow Manufacturing Corporation, 207 App. Div. 292, 296.) Lazansky, P.J., Kapper, Seeger, Carswell and Scudder, JJ., concur.


Summaries of

BLOOM v. GELB

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1929
227 App. Div. 619 (N.Y. App. Div. 1929)
Case details for

BLOOM v. GELB

Case Details

Full title:LEO M. BLOOM, Respondent, v. ROSE GELB, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1929

Citations

227 App. Div. 619 (N.Y. App. Div. 1929)

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