Brunschwig v. Long Island Rail Road

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

All four causes of action asserted in the complaint are purportedly addressed against both defendants.

In the first cause of action plaintiffs allege that they are owners of property in the vicinity of a parcel of land known as…