DAVLEE CONSTR. CORP. v. TOWN OF HUNTINGTON


285 A.D. 971 (1955)

Davlee Construction Corp. et al., Appellants, v. Town of Huntington et al., Respondents

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

March 21, 1955.


Order reversed, with $10 costs and disbursements, and motion in all respects denied, without costs.

The complaint alleges a single right on behalf of plaintiffs which it is claimed has been invaded by a single wrong by defendants. Under these circumstances there is but one cause of action. (Payne v. New York, Susquehanna & Western R. R. Co., 201 N.Y. 436.) That plaintiffs' interests may not be in every respect identical is immaterial. (Taintor v. Hattemer...

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