Lazarus v. Yorkview Theater Corp.

This is a motion to dismiss the complaint, pursuant to subdivision (a) of CPLR 3211 on the following grounds: (1) another action pending, (2) no cause of action stated under CPLR 6330, (3) CPLR 6330 is unconstitutional and, therefore, an action brought pursuant to it must be dismissed, and (4) as alternative relief that this action be stayed or held in abeyance until the indictments against the defendant Smeal and others have been finally determined.

This action is brought pursuant to CPLR 6330 to enjoin the defendants from the sale or distribution or further distribution or acquisition or…