Talbott v. Westnau Land Corp.

Appellate Division of the Supreme Court of New York

Talbott v. Westnau Land Corp.

42 A.D.2d 848, 346 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 3623

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

DecidedAugust 6, 1973

StatusPublished

This text of 42 A.D.2d 848 (Talbott v. Westnau Land Corp.) 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

Talbott v. Westnau Land Corp., 42 A.D.2d 848, 346 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 3623 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to declare a deed of real property executed by plaintiffs to defendant Westnau Land Corp. a nullity and to recover damages, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, dated October 6, 1972 and made after a nonjury trial, which, inter alla, declined to render the declaration requested. Judgment modified, on the law, by striking therefrom the decretal provision declining to render the declaration requested and by substituting therefor a provision declaring that the deed is good and lawful. As so modified, judgment affirmed, without costs. When in an action for declaratory judgment the plaintiff is not entitled to the declaration sought, the complaint should not be dismissed but the court should declare the parties’ rights with respect to the subject matter of the litigation (Lamm v. Wagner, 11 N Y 2d 317, 334). Latham, Shapiro, Gulotta and Benjamin, JJ., concur; Munder, Acting P. J., not voting.

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In an action to declare a deed of real property executed by plaintiffs to defendant Westnau Land Corp. a nullity and to recover damages, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, dated October 6, 1972 and made after a nonjury trial, which, inter alla, declined to render the declaration requested. Judgment modified, on the law, by striking therefrom the decretal provision declining to render the declaration requested and by substituting therefor a provision declaring that the deed is good and lawful. As so modified, judgment affirmed, without costs. When in an action for declaratory judgment the plaintiff is not entitled to the declaration sought, the complaint should not be dismissed but the court should declare the parties’ rights with respect to the subject matter of the litigation (Lamm v. Wagner, 11 N Y 2d 317, 334). Latham, Shapiro, Gulotta and Benjamin, JJ., concur; Munder, Acting P. J., not voting.

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Bluebook (online)

42 A.D.2d 848, 346 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 3623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talbott-v-westnau-land-corp-nyappdiv-1973.