Deed Realty Corp. v. City of Yonkers

Plaintiff, a domestic corporation and a taxpayer of the City of Yonkers, sues the city, its Mayor and the members of its common council for a judgment declaring illegal certain ordinances relating to discontinuance of portions of public streets and the sale thereof. Defendants have moved to dismiss the complaint on the ground it fails to state facts sufficient to constitute a cause of action.

On this, as on every application to dismiss a complaint, the plaintiff is entitled to have the whole pleading considered in the light of every intendment and with any reasonable inference that may be…