Baldwin v. City of Buffalo

In this declaratory judgment action plaintiff sought relief upon three stated causes of action for a declaration among other things, that a certain local law adopted *387by appellant was ineffective for the purpose of changing the ward boundaries of the city for the purpose of nominating and electing supervisors therein. The city moved to dismiss the complaint. for legal insufficiency pursuant to rule 106 of the Rules of Civil Practice.

Upon such a motion the test of the sufficiency of the pleading ‘ ‘ is not whether the complaint shows the plaintiff will succeed in getting a declaration of rights…