Kesbec, Inc. v. City of New York

This is a motion by the plaintiff for a temporary injunction. A cross motion has been made by the defendants to dismiss the complaint pursuant to subdivision 5 of rule 106 of the Buies of Civil Practice. These motions raise the question whether a license from the Commissioner of Parks | to operate gasoline stations comes within the Business Bent I *720Law (L. 1945, ck. 314, as amd. by L. 1946, ch. 273), thereby permitting the licensee to continue operating such stations after the expiration of its license.

The action is brought for a judgment declaring that certain premises occupied by the…