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COX v. MAGNUM PUBL'N, INC.

285 A.D. 1083 (1955)

Pearl Cox et al., Respondents, v. Magnum Publications, Inc., Appellant, et al., Defendant

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

April 25, 1955.

Order affirmed, with $10 costs and disbursements.

The first cause of action sets forth an actionable cause. It was not improper to refuse to dismiss the second cause, which is for consequential damage claimed to have been sustained by plaintiff Pearl Cox's husband, since the motion was addressed to the entire complaint. (Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79.)

Nolan, P. J., dissents and votes to reverse the order and...

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