Joseph Steier, Inc. v. City of New York

This is a motion by defendant to dismiss the complaint for failure to state a cause of action, pursuant to CPLR 3211 (subd. [a], par. 7). Plaintiff opposes the motion, and as it is entitled to do, seeks summary judgment in its own behalf (4 Weinstein-Korn-Miller, N. Y. Civ Prac., par. 3211.50). By its complaint, plaintiff asks for a judgment declaring that it is entitled to possession and use of certain premises at the Bronx Terminal Market, which are owned by the defendant New York City, for an additional two-year period commencing March 1, 1970. Plaintiff is a wholesale dealer in fruits and…