Grimm v. City of Buffalo

Motion for reargument and other-relief denied. Memorandum: Upon the return day of this article 78 proceeding the respondents without answering applied to the court by formal written motion for an order dismissing the .petition as a matter of law (Civ. Prac. Act, § 1293). In passing upon such an application the allegations of the petition must be assumed to be true in the absence of an answer. If the petition states any facts upon which the petitioner is entitled prima facie to the requested relief, then it may not be dismissed as being legally insufficient. (Matter of Felice v. Swezey, 278…