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Auerbach v. Taub

194 Misc. 86 Court Supreme Court, Special Term, Mew York County, Decision date 1949-01-05 English

Delivered by Cohalan, J.

Contents

Majority

p. 86
Lawrence B. Auerbach, Plaintiff, v. John B. Taub et al., Defendants.
Supreme Court, Special Term, Mew York County,
January 5, 1949.
Louis Rivkin for defendants.
Jay Leo Rothschild for plaintiff.

Motion to strike the second and third causes is denied. Three separate causes are stated seeking a recovery

p. 87
on a contract of employment. Plaintiff’s counsel has chosen to anticipate defenses which may be raised and to avoid them in the complaint. It appears that such pleading is permissible (1 Abbott’s Forms of Pleading [3d ed.], n. 45, p. 223 et seq., and cases there cited).