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LEVY v. FRANKLIN NAT'L BANK

52 A.D.2d 769 (1976)

Beatrice A. Levy, Appellant, v. Franklin National Bank, Defendant-Respondent and Third-Party Plaintiff. Daniel H. Levy et al., Third-Party Defendants

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

May 6, 1976

Plaintiff has denied executing the subject hypothecation agreement. Her motion for leave to serve an amended pleading, alleging an inconsistent second cause of action, did not, as a matter of law, constitute an admission by her that she had signed such agreement. The dismissal of the first cause of action by the court was unwarranted. It is permissible and proper to plead contradictory causes of action. (Kettner v Carson, 44 A.D.2d 804<...

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