Kij v. Aszkler

This is a motion to dismiss the complaint in the above-entitled action upon the ground that it does not state facts sufficient to constitute a cause of action.

For the purpose of this motion all allegations of fact contained in the complaint are conceded. The only questions presented to the court are whether power exists in the common council to sell the corporate real estate and whether section 23 of the General City Law (known as the Home Rule Law), which prescribes a method of sale, is controlling.

The charter of the city of Lackawanna was enacted by chapter 574 of the Laws of 1909. By that…