DOT MORT CORP. v. TOWN OF MAMARONECK


6 Misc.2d 709 (1957)

Dot Mort Holding Corporation, Plaintiff, v. Town of Mamaroneck et al., Defendants.

Supreme Court, Special Term, Westchester County.

March 19, 1957.


Attorney(s) appearing for the Case

John L. Delius, Town Attorney, for defendants.

Jerome N. Wanshel for plaintiff.


JAMES W. BAILEY, J.

Defendants move to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff has intermingled causes of action for declaratory judgment with causes of action for injunctive relief and has included many allegations in the complaint which do not appear necessary to support either cause of action. Nevertheless, if plaintiff...

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