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OSHINS v. ZIMMERMAN

284 A.D. 989 (1954)

Benjamin M. Oshins et al., Respondents, v. Harry E. Zimmerman, Appellant

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

November 29, 1954.

Whether the first cause of action is insufficient because of lack of mutuality should be determined at the trial upon the basis of all the proof adduced. Since the motion is addressed to the sufficiency of the complaint as a whole and since, in our opinion, the second cause of action is sufficient on its face, the motion was properly denied. (Andrews v. 98 Montague, 282 App. Div. 1066, and cases cited therein; Jones v....

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