Here equitable (for injunction of publication of plaintiff's photograph) and legal (for damages) claims were joined in one complaint. The suit is brought under sections 50 and 51 of the Civil Rights Law, and plaintiff's application to sever the equitable claim and serve an amended complaint was granted as requested by cross motion to the motion to strike. (Special Term properly interpreted the cross motion as one for discontinuance of the equitable cause.) Obviously, plaintiff...
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