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BRUNSCHWIG v. LONG ISLAND R. R. CO.

41 Misc.2d 24 (1963)

Max R. Brunschwig et al., on Behalf of Themselves and All Other Property Owners or Residents of One Family Private Dwellings in the Vicinity of Premises 118-18 Union Turnpike, Kew Gardens, County of Queens, Similarly Situated, Plaintiffs, v. Long Island Rail Road Company et al., Defendants.

Supreme Court, Special Term, Queens County.

October 31, 1963

Attorney(s) appearing for the Case

Max M. Lome and George J. Gross for plaintiffs. George M. Onken and Donald E. Lampson for Long Island Rail Road Company, defendant. Wikler, Gottlieb, Stewart & Long (Richard P. Long, Ernest L. Garb and George Weisbrod of counsel), for Adson Industries, Inc., defendant.

JENKIN R. HOCKERT, J.

In an action for a declaratory judgment and a permanent injunction, plaintiffs move for a temporary injunction. Defendant the Long Island Rail Road Company (hereinafter referred to as the "Long Island") moves pursuant to rule 3211 (subd. [a], par. 7) of the Civil Practice Law and Rules to dismiss the complaint on the ground that it fails to state a cause of action.

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