A. E. F.'s, Inc. v. City of New York

Plaintiff appeals from a judgment entered upon an order of the Appellate Division, First Department, which affirmed, two justices dissenting, a judgment of the Supreme Court, New York County, granting a motion to dismiss the complaint under rule 106 of the Buies of Civil Practice for failure to state facts sufficient to constitute a cause of action, and from an order of the Appellate Division in the same action which unanimously affirmed an order at Special Term denying plaintiff’s motion for a temporary injunction. The appeal from this order is by leave of the Appellate Division upon the…