Opinion
November 3, 1966
Order entered on March 21, 1966, granting defendants' cross motion to dismiss the complaint pursuant to CPLR 3211 (subd. [a]) to the extent only of staying the action for a permanent injunction, pending a final determination of the article 78 proceeding instituted by plaintiff in this action against defendants in this action, unanimously modified on the law and on the facts, with $50 costs and disbursements to defendants-respondents-appellants and complaint dismissed. The complaint is insufficient because plaintiff is subject to the contractual agreements it made and because on the present allegations plaintiff does not establish a case for equitable relief.
Concur — Breitel, J.P., Rabin, Stevens, Capozzoli and Bastow, JJ.