Poulos v. Minetti

Respondent, commissioner of marine and aviation of the city of New York, moves to dismiss the petition herein on the grounds (a) that it fails to state facts sufficient to constitute grounds for the relief sought, and (b) that it is insufficient as a matter of law. On familiar principles, the allegations of the petition are deemed admitted on this motion. These allegations are as follows:

Petitioner is a citizen and a taxpayer and has been engaged in the operation of a lunchroom at 653 West 42nd Street, Manhattan. Defendant commissioner issued a public notice that he would receive sealed bids…