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Lep Transport v. Weather Gay International

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eBook details

  • Title: Lep Transport v. Weather Gay International
  • Author : Supreme Court of New York
  • Release Date : January 15, 1972
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Respondents shall recover of appellant $50 costs and disbursements of this appeal. We agree with the conclusions reached by Special Term. However, we have repeatedly held that in an action for a declaratory judgment the complaint should not be dismissed if a proper case is made out for a declaration of rights. Special Term should have made a declaration of the rights of the parties as to the subject matters of the litigation, as indicated above (Lanza v. Wagner, 11 N.Y.2d 317; New York Sporting Arms Assn. v. City of New York, 31 A.D.2d 793, and cases cited therein.)


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