Mosher v. Bank of Palm Beach & Trust Co.

Appellate Division of the Supreme Court of New York

Mosher v. Bank of Palm Beach & Trust Co.

27 A.D.2d 793, 1967 N.Y. App. Div. LEXIS 4848

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

DecidedFebruary 16, 1967

StatusPublished

This text of 27 A.D.2d 793 (Mosher v. Bank of Palm Beach & Trust Co.) 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.

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Mosher v. Bank of Palm Beach & Trust Co., 27 A.D.2d 793, 1967 N.Y. App. Div. LEXIS 4848 (N.Y. Ct. App. 1967).

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Opinion

Order unanimously modified in accordance with the Memorandum and as modified affirmed, without costs. Memorandum: The trial court correctly determined that the Surrogate Court decree was a bar to plaintiff’s declaratory judgment action, but erroneously dismissed the complaint. It should have granted a declaration in defendants’ favor (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 entered hereon. (Appeal from order of Monroe Special Term dismissing complaint.) Present — Williams, P. J., Bastow, Goldman, Del Vecchio and Marsh, JJ.

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Order unanimously modified in accordance with the Memorandum and as modified affirmed, without costs. Memorandum: The trial court correctly determined that the Surrogate Court decree was a bar to plaintiff’s declaratory judgment action, but erroneously dismissed the complaint. It should have granted a declaration in defendants’ favor (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 entered hereon. (Appeal from order of Monroe Special Term dismissing complaint.) Present — Williams, P. J., Bastow, Goldman, Del Vecchio and Marsh, JJ.

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27 A.D.2d 793, 1967 N.Y. App. Div. LEXIS 4848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosher-v-bank-of-palm-beach-trust-co-nyappdiv-1967.