Wilmerding v. LaGuardia

This is a motion by the plaintiff for judgment on the pleadings in her favor pursuant to rule 112 of the Rules of Civil Practice. Under that rule the court may give judgment for either party “ without regard to which party makes the motion,” and defendants accordingly request judgment in their favor..

The action is a taxpayer’s action pursuant to section 51 of the General Municipal Law, brought by plaintiff, a real estate taxpayer of the city of New York, to enjoin the defendants from using any part of the proceeds of the occupancy tax for purposes other than “ municipal periodic [housing]…