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HEDERVARY v. LORD & TAYLOR

280 A.D. 898 (1952)

Claire Hedervary, Respondent, v. Lord & Taylor et al., Defendants, and Gerson-Kaufman Co., Inc., Appellant

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

September 29, 1952.

Order insofar as appealed from reversed on the law, with $10 costs and disbursements, motion denied, with $10 costs, and action against appellant severed.

The rule in question does not contemplate a class of cases in which are sought damages for personal injuries, although the cause of action therefor is based nominally in contract. (Robine v. Carleton Co., 239 App...

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