Nizer v. Warenoff

Present — Martin, P. J., Townley, Untermyer, Dore and Callahan, JJ.; Untermyer, J., concurs in the result upon the ground that regardless of other consideration the first cause of action is sufficient and that accordingly the defendant’s motion addressed to the entire complaint was properly denied (Eidlitz v. Fischbach & Moore, Inc., 239 App. Div. 483 ).