Medical World Publishing Co. v. Kaufman

Appellate Division of the Supreme Court of New York

Medical World Publishing Co. v. Kaufman

29 A.D.2d 859, 288 N.Y.S.2d 548, 1968 N.Y. App. Div. LEXIS 4370

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

DecidedMarch 26, 1968

StatusPublished

Cited by7 cases

This text of 29 A.D.2d 859 (Medical World Publishing Co. v. Kaufman) 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

Medical World Publishing Co. v. Kaufman, 29 A.D.2d 859, 288 N.Y.S.2d 548, 1968 N.Y. App. Div. LEXIS 4370 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment dismissing the complaint, unanimously reversed, on the law, and the matter remanded in the exercise of discretion to the Trial Justice for the purpose of reopening the ease and the taking of such other testimony or proof as the parties may desire to offer, and upon the close of the entire case to make findings of fact and conclusions of law, and to declare the rights of the parties as of the time of the conclusion of the trial, with $50 costs and disbursements to abide the event. This being an action for a declaratory judgment, the rights of the parties should have been declared. The mere dismissal of the complaint is not an affirmative declaration of the parties’ rights. (See Skyway Container Corp. v. Castagna, 27 A D 2d 542; Levy v. Westchester County, 29 A D 2d 664.) Moreover, a declaration of their rights being required, in the circumstances it should be done only after defendant rests, and the case finally submitted. Concur — Eager, J. P., Capozzoli, MeGivem, Rabin and McNally, JJ.

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

Judgment dismissing the complaint, unanimously reversed, on the law, and the matter remanded in the exercise of discretion to the Trial Justice for the purpose of reopening the ease and the taking of such other testimony or proof as the parties may desire to offer, and upon the close of the entire case to make findings of fact and conclusions of law, and to declare the rights of the parties as of the time of the conclusion of the trial, with $50 costs and disbursements to abide the event. This being an action for a declaratory judgment, the rights of the parties should have been declared. The mere dismissal of the complaint is not an affirmative declaration of the parties’ rights. (See Skyway Container Corp. v. Castagna, 27 A D 2d 542; Levy v. Westchester County, 29 A D 2d 664.) Moreover, a declaration of their rights being required, in the circumstances it should be done only after defendant rests, and the case finally submitted. Concur — Eager, J. P., Capozzoli, MeGivem, Rabin and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.2d 859, 288 N.Y.S.2d 548, 1968 N.Y. App. Div. LEXIS 4370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medical-world-publishing-co-v-kaufman-nyappdiv-1968.

Opinion

Related

Cite This Page — Counsel Stack