Lumbermens Mutual Casualty Co. v. Brown

Appellate Division of the Supreme Court of New York

Lumbermens Mutual Casualty Co. v. Brown

27 A.D.2d 696, 276 N.Y.S.2d 899, 1967 N.Y. App. Div. LEXIS 4995

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

DecidedJanuary 19, 1967

StatusPublished

This text of 27 A.D.2d 696 (Lumbermens Mutual Casualty Co. v. Brown) 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

Lumbermens Mutual Casualty Co. v. Brown, 27 A.D.2d 696, 276 N.Y.S.2d 899, 1967 N.Y. App. Div. LEXIS 4995 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment unanimously modified in accordance with Memorandum and, as modified, affirmed, with costs to respondents. Memorandum: The trial court correctly determined that plaintiff was not entitled to a declaration in its favor but erroneously dismissed the complaint. It should have granted a declaration declaring the rights of the parties (Hoffman v. City of Syracuse, 2 N Y 2d 484, 487; Matter of Mandis v Gorski, 24 A D 2d 181, 184). Such a declaration will be incorporated in the order to be entered herein. (Appeal from judgment of Erie Trial Term dismissing declaratory judgment action.) Present — Bastow, J. P., Goldman, Del Vecchio and Marsh, JJ.

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Judgment unanimously modified in accordance with Memorandum and, as modified, affirmed, with costs to respondents. Memorandum: The trial court correctly determined that plaintiff was not entitled to a declaration in its favor but erroneously dismissed the complaint. It should have granted a declaration declaring the rights of the parties (Hoffman v. City of Syracuse, 2 N Y 2d 484, 487; Matter of Mandis v Gorski, 24 A D 2d 181, 184). Such a declaration will be incorporated in the order to be entered herein. (Appeal from judgment of Erie Trial Term dismissing declaratory judgment action.) Present — Bastow, J. P., Goldman, Del Vecchio and Marsh, JJ.

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Bluebook (online)

27 A.D.2d 696, 276 N.Y.S.2d 899, 1967 N.Y. App. Div. LEXIS 4995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumbermens-mutual-casualty-co-v-brown-nyappdiv-1967.