Perloff v. Melton

In this action for declaratory, injunctive and other relief, plaintiff moves for a preliminary injunction and defendants move for (1) dismissal of the action upon claims that plaintiff has failed to state facts sufficient to entitle her to any relief or to demonstrate that she is entitled to the remedy sought by her in this action and (2) summary judgment. Under these circumstances, the court may properly proceed to a final disposition of the action on the merits (Boryszewski v Brydges, 37 NY2d 361, 365).

Although section 503 (subd 2, par [6]) of the Vehicle and Traffic Law contains a schedule…