Appellate Division of the Supreme Court of the State of New York May 15, 1925 (Baldwin v. A. B. Leach & Co.)

Callaghan, J.:

The plaintiff has joined in the complaint two causes of action •— one for fraud and deceit, in which a money judgment is demanded; the other for a rescission. This may be done (Civ. Prac. Act, § 258; Merry Realty Co. v. Shamokin & Hollis R. E. Co., 230 N. Y. 316, 324), but within the limits prescribed by section 258 of the Civil Practice Act.