Italian Community Home Federation, Inc. v. Kelly

Two motions are involved herein. The first in point of time is one for a temporary injunction against the defendant; the second motion is one under rule 106 of the Buies of Civil Practice to dismiss the complaint.

The salient facts of the controversy are that the plaintiff is a membership corporation, nonprofit in its operations and reputedly charitable in its purposes. It owns property at No. 226 West Genesee Street in the city of Syracuse, New York. Weekly it operates an entertainment program for which it charges an admission fee of $2 per person. After the entertainment is over and without…