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Peck Brick Co. v. Haverstraw Water Supply Co.

143 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1913-10-24 English

Decision Majority — PER CURIAM. · Dissent — BURR, J.,

Contents
p. 1134
PECK BRICK CO., Respondent, v. HAVERSTRAW WATER SUPPLY CO.
Appellant. (Supreme Court, Appellate Division, Second Department.
October 24, 1913.)

Headnote

Action by the Peck Brick Company against the Haverstraw Water Supply Company.

Order reversed, with $10 costs and disbursements, and motion granted1 with $10 costs, on the ground that the complaint sets up facts which constitute apparently three separate causes of action, one cause of action for each distinct parcel which is separately described in the complaint.

dissents, on the ground that it affirmatively appears from the complaint that parcel 2 connects parcels 1 and 3 as therein described, so that there is but a single parcel of land involved in the litigation;