Cipes v. Incorporated Village of Croton-on-Hudson

Appellate Division of the Supreme Court of New York

Cipes v. Incorporated Village of Croton-on-Hudson

69 A.D.2d 894, 415 N.Y.S.2d 887, 1979 N.Y. App. Div. LEXIS 11636

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

DecidedApril 30, 1979

StatusPublished

This text of 69 A.D.2d 894 (Cipes v. Incorporated Village of Croton-on-Hudson) 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

Cipes v. Incorporated Village of Croton-on-Hudson, 69 A.D.2d 894, 415 N.Y.S.2d 887, 1979 N.Y. App. Div. LEXIS 11636 (N.Y. Ct. App. 1979).

Pincite

Opinion

In an action to declare the Emergency Housing Rent Control Law (L 1946, ch 274) unconstitutional as applied, plaintiff appeals from an order of the Supreme Court, Westchester County, dated July 24, 1978, which denied plaintiff’s motion for summary judgment, granted defendants’ cross motion for summary judgment and dismissed the complaint. Order modified, on the law, by deleting the second decretal paragraph thereof, which provided that the complaint be dismissed, and substituting therefor a provision declaring the Emergency Housing Rent Control Law to be constitutional as applied to plaintiff. As so modified, order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents. Special Term properly held that the Emergency Housing Rent [895]*895Control Law is constitutional as applied to plaintiff. However, it was error to dismiss the complaint in this action for a declaratory judgment merely because the plaintiff was not entitled to the declaration sought by him. Under these circumstances, the proper procedure for the court is to declare the rights of the parties whatever they may be (see Lanza v Wagner, 11 NY2d 317, 334, app dsmd 371 US 74; St. Lawrence Univ. v Trustees of Theol. School of St. Lawrence Univ., 20 NY2d 317; Levy v Westchester County, 29 AD2d 664). Suozzi, J. P., O’Connor, Lazer and Gulotta, JJ., concur.

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In an action to declare the Emergency Housing Rent Control Law (L 1946, ch 274) unconstitutional as applied, plaintiff appeals from an order of the Supreme Court, Westchester County, dated July 24, 1978, which denied plaintiff’s motion for summary judgment, granted defendants’ cross motion for summary judgment and dismissed the complaint. Order modified, on the law, by deleting the second decretal paragraph thereof, which provided that the complaint be dismissed, and substituting therefor a provision declaring the Emergency Housing Rent Control Law to be constitutional as applied to plaintiff. As so modified, order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents. Special Term properly held that the Emergency Housing Rent [895]*895Control Law is constitutional as applied to plaintiff. However, it was error to dismiss the complaint in this action for a declaratory judgment merely because the plaintiff was not entitled to the declaration sought by him. Under these circumstances, the proper procedure for the court is to declare the rights of the parties whatever they may be (see Lanza v Wagner, 11 NY2d 317, 334, app dsmd 371 US 74; St. Lawrence Univ. v Trustees of Theol. School of St. Lawrence Univ., 20 NY2d 317; Levy v Westchester County, 29 AD2d 664). Suozzi, J. P., O’Connor, Lazer and Gulotta, JJ., concur.

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Bluebook (online)

69 A.D.2d 894, 415 N.Y.S.2d 887, 1979 N.Y. App. Div. LEXIS 11636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cipes-v-incorporated-village-of-croton-on-hudson-nyappdiv-1979.

Opinion

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