Culverwell v. Villella

Appellate Division of the Supreme Court of New York

Culverwell v. Villella

86 A.D.2d 768, 449 N.Y.S.2d 938, 1982 N.Y. App. Div. LEXIS 15344

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1982·Published

Opinion

Order unanimously reversed, with costs, and complaint reinstated. Memorandum: Plaintiff’s action for declaratory judgment should not have been dismissed on defendant’s oral cross motion without notice to plaintiff. Additionally, “[sjince plaintiff sought a declaratory judgment, the complaint should not have been dismissed without declaring the rights of the parties (Lanza v Wagner, 11 NY2d 317, 334)” (Mazzo v County of Monroe, 58 AD2d 1017). (Appeal from order of Supreme Court, Erie County, Mintz, J. — dismiss complaint.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed, with costs, and complaint reinstated. Memorandum: Plaintiff’s action for declaratory judgment should not have been dismissed on defendant’s oral cross motion without notice to plaintiff. Additionally, “[sjince plaintiff sought a declaratory judgment, the complaint should not have been dismissed without declaring the rights of the parties (Lanza v Wagner, 11 NY2d 317, 334)” (Mazzo v County of Monroe, 58 AD2d 1017). (Appeal from order of Supreme Court, Erie County, Mintz, J. — dismiss complaint.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

Culverwell v. Villella, 86 A.D.2d 768, 449 N.Y.S.2d 938, 1982 N.Y. App. Div. LEXIS 15344 (N.Y. Ct. App. 1982).

Pincite

86 A.D.2d 768 (Culverwell v. Villella) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related