A. E. F.'S., Inc. v. McKenzie

Plaintiff moves for an injunction pendente lite and defendant makes a cross motion to dismiss the complaint for legal insufficiency. The two motions will be considered together, bearing in mind that on the motion to dismiss nothing but the complaint may be read and that its material allegations must be deemed to be true.

The action is for an injunction and the case presented by the amended complaint is substantially as follows:

Plaintiff is conducting the business of selling fruits, flowers and refreshments at three stands located at the St. George terminal of the Staten Island Ferry. These…