City of Buffalo v. State Bd. of EqualizaTion

Plaintiffs question the constitutionality of chapter 636 of the Laws of 1959 and chapter 86 of the Laws of 1963 in an action for a declaratory judgment in which they seek a declaration of unconstitutionality together with injunctive relief.

*676Defendants move pursuant to CPLR 3211 (subd. [a], pars. 3, 7) to dismiss the complaint upon the grounds that (a) plaintiffs do not have the legal capacity to sue and to maintain this action; and (b) the complaint fails to state a cause of action.

Defendants-intervenors join in the motion and in their answer set forth the grounds of the motion as affirmative…