Bressler v. Board of Higher Education

In two consolidated actions, plaintiffs appeal from an order and a judgment dismissing the complaints on defendant’s motion for judgment on the pleadings. Equitable relief is asked; defendant in its answers does not allege that plaintiffs have an adequate remedy at law; defendant did not. as in Terner v. Glickstein & Terner, Inc. (283 N. Y. 299), move to dismiss for insufficiency before answer. Accordingly, as the complaints sufficiently state causes of action at law (Nelson v. Board of Higher Education of City of N. Y., 263 App. Div. 144, affd. 288 N. Y. 649) and answers have been served…