O'Donnell v. Antin

Appellate Division of the Supreme Court of New York

O'Donnell v. Antin

43 A.D.2d 699, 350 N.Y.S.2d 611, 1973 N.Y. App. Div. LEXIS 3019

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

DecidedDecember 3, 1973

StatusPublished

This text of 43 A.D.2d 699 (O'Donnell v. Antin) 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

O'Donnell v. Antin, 43 A.D.2d 699, 350 N.Y.S.2d 611, 1973 N.Y. App. Div. LEXIS 3019 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action for declaratory and injunctive relief, plaintiffs appeal from an order and judgment (one paper) of the Suprenie Court, Westchester County, dated July 23, 1973, which denied their motion for a preliminary injunction and, without a trial, declared the rights of the parties. Order and judgment modified by striking therefrom all the decretal provisions other than that which denied plaintiffs’ motion for a preliminary injunction. As so modified, order and judgment affirmed, with $20 costs and disbursements. In our opinion, before the rights of the parties may be declared, a trial must be held upon plaintiffs’ claim of a 'denial of their right to equal protection of the laws. Hopkins, Acting P. J., Latham, Shapiro, Gulotta and Benjamin, JJ., concur.

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In an action for declaratory and injunctive relief, plaintiffs appeal from an order and judgment (one paper) of the Suprenie Court, Westchester County, dated July 23, 1973, which denied their motion for a preliminary injunction and, without a trial, declared the rights of the parties. Order and judgment modified by striking therefrom all the decretal provisions other than that which denied plaintiffs’ motion for a preliminary injunction. As so modified, order and judgment affirmed, with $20 costs and disbursements. In our opinion, before the rights of the parties may be declared, a trial must be held upon plaintiffs’ claim of a 'denial of their right to equal protection of the laws. Hopkins, Acting P. J., Latham, Shapiro, Gulotta and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 699, 350 N.Y.S.2d 611, 1973 N.Y. App. Div. LEXIS 3019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-antin-nyappdiv-1973.