Boudreau v. Albanese

This is a motion to dismiss the complaint herein pursuant to rule 106 of the Rules of Civil Practice upon the ground that it does not state facts sufficient to constitute a cause of action. Upon the argument it was stipulated that no question was raised as to the rights of the plaintiffs to bring this action. Furthermore, it was stipulated that the complaint might be deemed to be amended to include therein a specific pleading of the appropriate provisions of the zoning ordinances of the City of Syracuse.

From the pleadings it appears that the parties to the action are the owners of premises in…