Keleher v. American Airlines, Inc.

Appellate Division of the Supreme Court of New York

Keleher v. American Airlines, Inc.

91 A.D.2d 867

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

DecidedDecember 17, 1982

DocketAppeal No. 2

StatusPublished

Cited by1 cases

This text of 91 A.D.2d 867 (Keleher v. American Airlines, 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

Keleher v. American Airlines, Inc., 91 A.D.2d 867 (N.Y. Ct. App. 1982).

Pincite

Opinion

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term correctly held that plaintiff was not entitled to the declarations sought (see Matter of Keleher v American Airlines, 91 AD2d 866). The proper procedure, however, is a judgment declaring the rights of the parties rather than a dismissal of the action (see Lanza v Wagner, 11 NY2d 317; Miller v Braun, 89 AD2d 787). Therefore, the third ordering paragraph of the order appealed from is modified to provide that plaintiff is not entitled to the declaration requested. (Appeal from order of Supreme Court, Erie County, J. L. Kane, J. — declaratory judgment.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term correctly held that plaintiff was not entitled to the declarations sought (see Matter of Keleher v American Airlines, 91 AD2d 866). The proper procedure, however, is a judgment declaring the rights of the parties rather than a dismissal of the action (see Lanza v Wagner, 11 NY2d 317; Miller v Braun, 89 AD2d 787). Therefore, the third ordering paragraph of the order appealed from is modified to provide that plaintiff is not entitled to the declaration requested. (Appeal from order of Supreme Court, Erie County, J. L. Kane, J. — declaratory judgment.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

91 A.D.2d 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keleher-v-american-airlines-inc-nyappdiv-1982.

Opinion

Related

Cite This Page — Counsel Stack