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ELLIOTT v. PROCKTER PRODS., INC.

282 A.D. 761 (1953)

Daphne Elliott, Respondent, v. Prockter Productions, Inc., Appellant Abraham S. Ginnes, Respondent, v. Prockter Productions, Inc., Appellant David Pressman, Respondent, v. Prockter Productions, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 9, 1953.

Plaintiff may not join a cause of action for breach of contract and a cause of action based on an alleged settlement of the cause of action for breach of contract. This is not a matter of pleading but a matter of substantive law. Plaintiff has an election between an action on the contract and an action on an executory accord (Personal Property Law, § 33-a, subd. 3). Plainly he may not pursue both or present both to the court...

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