Dot Mort Holding Corp. v. Town of Mamaroneck

Defendants move to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff has intermingled causes of action for declaratory judgment with causes of action for injunctive relief and has included many allegations in the complaint which do not appear necessary to support either cause of action. Nevertheless, if *710plaintiff is entitled to recover in any aspect upon the facts stated, the motion to dismiss must be denied. (See Abrams v. Allen, 297 N. Y. 52.)

Plaintiff, in the first cause of action, alleges that it owns land to the center…