Legal Opinion
Church of Christ the King, Inc. v. City of Yonkers
New York Supreme Court
Decided September 7, 1982PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Anthony J. Ferraro, J.
Defendant moves to dismiss the complaint upon the ground that it fails to state a cause of action.
Defendant improperly seeks a judgment dismissing the complaint. Such relief is only available pursuant to CPLR 3212 after issue has been joined. In the instant case defendant has not yet interposed its answer and the only relief available is an order dismissing the complaint pursuant to CPLR 3211.
The action is for a judgment declaring that the current “frontage tax”, imposed by the City of Yonkers pursuant to section C 12-9 of its charter, is in fact a…
2Cases cited14 opinions
- Diocese of Rochester v. Planning BoardNew York Court of Appeals · 1956
- Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
- People Ex Rel. Watchtower Bible & Tract Society, Inc. v. HaringNew York Court of Appeals · 1960
- Roosevelt Hospital v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Matter of HunNew York Court of Appeals · 1895
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3Cited by4 opinions
- Crandall Public Library v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1995
- Giuliani v. HevesiAppellate Division of the Supreme Court of the State of New York · 1996
- Health Services Medical Corp. of Central New York, Inc. v. ChassinNew York Supreme Court · 1998
- Allstate Management Corp. v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1988