Homefield Ass'n of Yonkers, N. Y., Inc. v. Frank

Appellate Division of the Supreme Court of New York

Homefield Ass'n of Yonkers, N. Y., Inc. v. Frank

270 A.D. 820, 59 N.Y.S.2d 884, 1946 N.Y. App. Div. LEXIS 4105

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 18, 1946

StatusPublished

Cited by1 cases

This text of 270 A.D. 820 (Homefield Ass'n of Yonkers, N. Y., Inc. v. Frank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Homefield Ass'n of Yonkers, N. Y., Inc. v. Frank, 270 A.D. 820, 59 N.Y.S.2d 884, 1946 N.Y. App. Div. LEXIS 4105 (N.Y. Ct. App. 1946).

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Opinion

Appeal by two defendants from an order which denies their motion to dismiss the complaint on the ground that it appears on the face thereof that the complaint does not state facts sufficient to constitute a cause of action. Order reversed on the law, with $10 costs and disbursements, and the motion granted, without costs, with leave to plaintiffs to serve an amended complaint within twenty days after the entry of the order hereon. The allegations of the complaint that the Common Council of the City of Yonkers was without power to amend the zoning law in the respects alleged, and the allegations of irreparable loss and damage, and that plaintiffs have no adequate remedy at law are conelusory. Facts should be pleaded upon which the conclusions are based. Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.

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Appeal by two defendants from an order which denies their motion to dismiss the complaint on the ground that it appears on the face thereof that the complaint does not state facts sufficient to constitute a cause of action. Order reversed on the law, with $10 costs and disbursements, and the motion granted, without costs, with leave to plaintiffs to serve an amended complaint within twenty days after the entry of the order hereon. The allegations of the complaint that the Common Council of the City of Yonkers was without power to amend the zoning law in the respects alleged, and the allegations of irreparable loss and damage, and that plaintiffs have no adequate remedy at law are conelusory. Facts should be pleaded upon which the conclusions are based. Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.

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270 A.D. 820, 59 N.Y.S.2d 884, 1946 N.Y. App. Div. LEXIS 4105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homefield-assn-of-yonkers-n-y-inc-v-frank-nyappdiv-1946.

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