Kennedy v. Doyle

Appellate Division of the Supreme Court of New York

Kennedy v. Doyle

229 A.D. 756

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

DecidedMay 15, 1930

StatusPublished

Cited by1 cases

This text of 229 A.D. 756 (Kennedy v. Doyle) 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

Kennedy v. Doyle, 229 A.D. 756 (N.Y. Ct. App. 1930).

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Opinion

Per Curiam.

We are of the opinion that upon the record before us the justice at Special Term was justified in the exercise of his discretion in denying a declaratory judgment with injunctive relief in favor of the plaintiff and in dismissing her complaint. However, certain findings and conclusions are, in our opinion, not substantiated by the evidence and if permitted to stand would be prejudicial to the plaintiff and would foreclose her from proper relief in some other form of action. The judgment, therefore, will be affirmed, without costs, but findings of fact numbered 5th, 6th, 7th, 8th, 9th, 10th, 12th, 13th, 14th, 15th, 16th, 21st and 22nd, and conclusions of law numbered II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV will be reversed. Present — Dowling, P. J., Finch, McAvoy, Martin, and O’Malley, JJ. Judgment affirmed, without costs. Findings of fact and conclusions of law reversed as noted in opinion.

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Per Curiam.

We are of the opinion that upon the record before us the justice at Special Term was justified in the exercise of his discretion in denying a declaratory judgment with injunctive relief in favor of the plaintiff and in dismissing her complaint. However, certain findings and conclusions are, in our opinion, not substantiated by the evidence and if permitted to stand would be prejudicial to the plaintiff and would foreclose her from proper relief in some other form of action. The judgment, therefore, will be affirmed, without costs, but findings of fact numbered 5th, 6th, 7th, 8th, 9th, 10th, 12th, 13th, 14th, 15th, 16th, 21st and 22nd, and conclusions of law numbered II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV will be reversed. Present — Dowling, P. J., Finch, McAvoy, Martin, and O’Malley, JJ. Judgment affirmed, without costs. Findings of fact and conclusions of law reversed as noted in opinion.

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Bluebook (online)

229 A.D. 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-doyle-nyappdiv-1930.

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