Majority
p. 876Emma Kuhn and Others, Respondents, v. Title Guarantee and Trust Company, Appellant; Societe Culinaire Philanthropique de New York 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 complaint improperly unite a cause of action in equity for the foreclosure of a
p. 877
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, Scudder and Davis, JJ. [See ante, p. 874.]