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CHURCH OF CHRIST v. YONKERS

115 Misc.2d 461 (1982)

Church of Christ the King, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. City of Yonkers, Defendant.

Supreme Court, Westchester County.

September 7, 1982

Attorney(s) appearing for the Case

Michael R. Edelman, Corporation Counsel, for defendant. Bleakley, Platt, Schmidt & Fritz, P. C., for plaintiffs.

ANTHONY J. FERRARO, J.

Defendant moves to dismiss the complaint upon the ground that it fails to state a cause of action.

Defendant improperly seeks a judgment dismissing the complaint. Such relief is only available pursuant to CPLR 3212 after issue has been joined. In the instant case defendant has not yet interposed its answer and the only relief available is an order dismissing the complaint pursuant to CPLR 3211.

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