LEVINS v. TROY ASSOCS.


21 Misc.2d 543 (1959)

David Levins, Plaintiff, v. Troy Associates, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

November 18, 1959.


Attorney(s) appearing for the Case

Samuel Weiss and C. Frank Ortloff for plaintiff.

Gutterman & Reichbart (Joseph K. Reichbart and James Carroll of counsel), for Troy Associates, Inc., and others, defendants.


MATTHEW M. LEVY, J.

It is axiomatic that, upon a trial, "[a] party must recover not only according to his proofs, but according to his pleadings" (Chin v. Fletcher, 21 Misc.2d 421). And this rule applies as well to a plaintiff who, on motion, seeks summary judgment in his favor striking the answer (Strauss v. Kende Galleries, 203 Misc. 941...

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