New York Mobile Homes Ass'n v. Steckel
This text of 11 A.D.2d 751 (New York Mobile Homes Ass'n v. Steckel) 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.
Opinion
Judgment and order unanimously modified to strike therefrom the provisions that the complaint 'be dismissed, and as so modified, affirmed, with costs to respondents. Memorandum: The ultimate conclusion of the trial court was correct but this being an action for a declaratory judgment the complaint should not have been dismissed. (22 Carmody-Wait, New York Practice, § 33, p. 771.) The individual plaintiff had standing to attack the constitutionality of the statute and we treat as surplusage the statement to the contrary in the opinion of the trial court. (Appeal from judgment and order of Monroe Equity Term declaring the statute in question to be constitutional and dismissing the complaint. Trial had before Brasser, J., was received in evidence.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.
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Cite This Page — Counsel Stack
11 A.D.2d 751, 201 N.Y.S.2d 595, 1960 N.Y. App. Div. LEXIS 9329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-mobile-homes-assn-v-steckel-nyappdiv-1960.