Alotto v. City of Corning

Order so far as it relates to the second alleged cause of action reversed on the law and motion as to it denied and order otherwise affirmed, without costs of this appeal to either party. Memorandum: *933We conclude that our ruling in Alotto v. City of Corning (257 App. Div. 1028) supports the order of the Special Term and the judgment entered thereupon in so far as they provide for the dismissal of the first and third causes of action alleged in the complaint. We are of the opinion, however, that the second cause of action as pleaded by plaintiffs is sufficient. It alleges a continuing or…