Vitale v. De Leeuw

Appellate Division of the Supreme Court of New York

Vitale v. De Leeuw

26 A.D.2d 610, 272 N.Y.S.2d 128, 1966 N.Y. App. Div. LEXIS 3975

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

DecidedJune 17, 1966

StatusPublished

This text of 26 A.D.2d 610 (Vitale v. De Leeuw) 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

Vitale v. De Leeuw, 26 A.D.2d 610, 272 N.Y.S.2d 128, 1966 N.Y. App. Div. LEXIS 3975 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order unanimously affirmed, without costs of this appeal to either party. Memorandum It appears that the issues tendered in the action for declaratory judgment are identical with those passed upon by our decision in the companion ease. This being so, Special Term can properly entertain a motion to dismiss the complaint in this action on the ground that the issues tendered have become academic. (Appeal from order of Livingston Special Term denying plaintiff’s motion for summary judgment.) Present — Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.

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Order unanimously affirmed, without costs of this appeal to either party. Memorandum It appears that the issues tendered in the action for declaratory judgment are identical with those passed upon by our decision in the companion ease. This being so, Special Term can properly entertain a motion to dismiss the complaint in this action on the ground that the issues tendered have become academic. (Appeal from order of Livingston Special Term denying plaintiff’s motion for summary judgment.) Present — Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

26 A.D.2d 610, 272 N.Y.S.2d 128, 1966 N.Y. App. Div. LEXIS 3975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-de-leeuw-nyappdiv-1966.