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A A TUBE TESTING CO., INC. v. SOHNE

20 A.D.2d 639 (1964)

A a Tube Testing Co., Inc., Appellant, v. Robert F. Sohne et al., Individually and Doing Business as Gcs Electronics Co., Respondents

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

January 6, 1964

Order affirmed, without costs.

Plaintiff's time to serve an amended complaint is extended until 20 days after entry of the order hereon. In each of the five causes of action the allegation that the defendants "knew or should have known" of the particular contract in question, has the effect of alleging the cause of action in the alternative. A cause of action so pleaded cannot stand if, as here, one of the alternatives does not state a cause of action (Pilinko...

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