KLEIN v. LONG IS. R.R. CO.


9 Misc.2d 486 (1957)

Nathan M. Klein, Plaintiff, v. Long Island Railroad Company, Defendant.

Supreme Court, Special Term, Nassau County.

December 2, 1957.


Attorney(s) appearing for the Case

Otto M. Buerger for defendant.

Louis Stechel, Louis Schultz and Sidney Koenig for plaintiff.


CORTLAND A. JOHNSON, J.

Defendant moves to dismiss, as failing to state a cause of action and for the court's lack of jurisdiction of the subject of the action, the complaint purporting to plead a single cause of action herein, which appears to seek a declaratory judgment (1) that article 7 of the Railroad Law is for various reasons unconstitutional and (2) that defendant has forfeited its status under that law...

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