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9506 Ditmas Ave. Corporation v. Brescia

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1946
270 App. Div. 1031 (N.Y. App. Div. 1946)

Summary

In 9506 Ditmas Ave. Corp. v. Brescia (270 App. Div. 1031) the Appellate Division, Second Department, in reversing an order dismissing a complaint which sought a declaratory judgment as to the rights of the parties under a lease agreement, stated: "The complaint sets forth sufficient facts to indicate that the jural relations of the parties are disturbed and that their rights are in dispute, and that it is not proper to determine on a preliminary motion whether a declaratory judgment should be granted or denied.

Summary of this case from Stuart v. Kingsview Homes

Opinion

June 17, 1946.


In an action for a declaratory judgment as to the rights of the parties under a lease agreement, particularly in view of the Commercial Rent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315), order granting defendants' motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action and directing that judgment be entered dismissing the complaint on the merits, reversed on the law, with $10 costs and disbursements, and the motion denied, without costs, with leave to defendants to answer within ten days from the entry of the order hereon. The complaint sets forth sufficient facts to indicate that the jural relations of the parties are disturbed and that their rights are in dispute, and that it is not proper to determine on a preliminary motion whether a declaratory judgment should be granted or denied. Lewis, P.J., Hagarty, Carswell, Johnston and Adel, JJ., concur.


Summaries of

9506 Ditmas Ave. Corporation v. Brescia

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1946
270 App. Div. 1031 (N.Y. App. Div. 1946)

In 9506 Ditmas Ave. Corp. v. Brescia (270 App. Div. 1031) the Appellate Division, Second Department, in reversing an order dismissing a complaint which sought a declaratory judgment as to the rights of the parties under a lease agreement, stated: "The complaint sets forth sufficient facts to indicate that the jural relations of the parties are disturbed and that their rights are in dispute, and that it is not proper to determine on a preliminary motion whether a declaratory judgment should be granted or denied.

Summary of this case from Stuart v. Kingsview Homes
Case details for

9506 Ditmas Ave. Corporation v. Brescia

Case Details

Full title:9506 DITMAS AVE. CORPORATION, Appellant, v. PASQUALE BRESCIA et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 17, 1946

Citations

270 App. Div. 1031 (N.Y. App. Div. 1946)

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