Capon v. Flair Organization, Inc.

Appellate Division of the Supreme Court of New York

Capon v. Flair Organization, Inc.

43 A.D.2d 569, 349 N.Y.S.2d 408, 1973 N.Y. App. Div. LEXIS 3157

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

DecidedNovember 12, 1973

StatusPublished

This text of 43 A.D.2d 569 (Capon v. Flair Organization, Inc.) 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

Capon v. Flair Organization, Inc., 43 A.D.2d 569, 349 N.Y.S.2d 408, 1973 N.Y. App. Div. LEXIS 3157 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action for a declaration of the nullity of a certain easement agreement, for injunctive relief and for money damages, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, dated November 15, 1972, which dismissed certain of the causes of action at the close of plaintiffs’ case in a non-jury trial and dismissed the remaining causes of action at the close of the entire case. Judgment modified, on the law, by adding thereto a provision declaring that the easement agreement is valid. As so modified, judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs, jointly. As the complaint, in part, sought a declaratory judgment, a declaration should have been made with respect to the rights of the parties (see Lanza v. Wagner, 11 N Y 2d 317, 324; Einbinder v. Ancowitz, 38 A D 2d 721). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action for a declaration of the nullity of a certain easement agreement, for injunctive relief and for money damages, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, dated November 15, 1972, which dismissed certain of the causes of action at the close of plaintiffs’ case in a non-jury trial and dismissed the remaining causes of action at the close of the entire case. Judgment modified, on the law, by adding thereto a provision declaring that the easement agreement is valid. As so modified, judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs, jointly. As the complaint, in part, sought a declaratory judgment, a declaration should have been made with respect to the rights of the parties (see Lanza v. Wagner, 11 N Y 2d 317, 324; Einbinder v. Ancowitz, 38 A D 2d 721). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 569, 349 N.Y.S.2d 408, 1973 N.Y. App. Div. LEXIS 3157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capon-v-flair-organization-inc-nyappdiv-1973.