← Cases

Kaufman v. Title Guarantee & Trust Co.

241 A.D. 876 Court N.Y. App. Div. English

Contents

Majority

p. 876
Samuel S. Kaufman and Others, Respondents, v. Title Guarantee and Trust Company, Appellant; Cordial Realty Corporation and Others, Defendants.

Motion for reargument demed. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Does the amended complaint improperly umte a cause of action in equity for the foreclosure of a mortgage and for an injunction with a cause or causes of action at law to recover damages for fraud and deceit, contrary to the provisions of section 258 of the Civil Practice Act? Present -— Young, Hagarty, Carswell, Seudder and Davis, JJ. [See ante, p. 874.]