Batavia Paid Firemen's Benevolent Ass'n v. Stewart

Appellate Division of the Supreme Court of New York

Batavia Paid Firemen's Benevolent Ass'n v. Stewart

34 A.D.2d 1087, 312 N.Y.S.2d 750, 1970 N.Y. App. Div. LEXIS 4373

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 1970

StatusPublished

This text of 34 A.D.2d 1087 (Batavia Paid Firemen's Benevolent Ass'n v. Stewart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batavia Paid Firemen's Benevolent Ass'n v. Stewart, 34 A.D.2d 1087, 312 N.Y.S.2d 750, 1970 N.Y. App. Div. LEXIS 4373 (N.Y. Ct. App. 1970).

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Opinion

Judgment unanimously modified in accordance with the memorandum herein and as modified affirmed, without costs. Memorandum: The trial court correctly determined that plaintiff was not entitled to a judgment declaring in its favor but erroneously dismissed the complaint. It should have granted a declaration declaring the rights of the parties, i.e., declared that payments of money collected under section 554 of the Insurance Law have been properly made to the treasurer of defendant Exempt Volunteer Firemen’s Association pursuant to chapter 432 of the Laws [1088]*1088of 1917. (Lumbermen’s Mut. Cas. Co., v. Brown, 27 A D 2d 696; Hoffman v. City of Syracuse, 2 A D 2d 653, mod. 2 N Y 2d 484.) Appeal from judgment of Genesee Trial Term dismissing complaint in action to pay money under Insurance Law, § 554.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.

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Judgment unanimously modified in accordance with the memorandum herein and as modified affirmed, without costs. Memorandum: The trial court correctly determined that plaintiff was not entitled to a judgment declaring in its favor but erroneously dismissed the complaint. It should have granted a declaration declaring the rights of the parties, i.e., declared that payments of money collected under section 554 of the Insurance Law have been properly made to the treasurer of defendant Exempt Volunteer Firemen’s Association pursuant to chapter 432 of the Laws [1088]*1088of 1917. (Lumbermen’s Mut. Cas. Co., v. Brown, 27 A D 2d 696; Hoffman v. City of Syracuse, 2 A D 2d 653, mod. 2 N Y 2d 484.) Appeal from judgment of Genesee Trial Term dismissing complaint in action to pay money under Insurance Law, § 554.) Present — Del Vecchio, J. P., Witmer, Gabrielli and Henry, JJ.

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Bluebook (online)

34 A.D.2d 1087, 312 N.Y.S.2d 750, 1970 N.Y. App. Div. LEXIS 4373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batavia-paid-firemens-benevolent-assn-v-stewart-nyappdiv-1970.