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Culverwell v. Villella

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1982
86 A.D.2d 768 (N.Y. App. Div. 1982)

Opinion

January 29, 1982

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Simons, J.P., Callahan, Denman, Moule and Schnepp, JJ.


Order unanimously reversed, with costs, and complaint reinstated. Memorandum: Plaintiff's action for declaratory judgment should not have been dismissed on defendant's oral cross motion without notice to plaintiff. Additionally, "[s]ince plaintiff sought a declaratory judgment, the complaint should not have been dismissed without declaring the rights of the parties ( Lanza v. Wagner, 11 N.Y.2d 317, 334)" ( Mazzo v. County of Monroe, 58 A.D.2d 1017).


Summaries of

Culverwell v. Villella

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1982
86 A.D.2d 768 (N.Y. App. Div. 1982)
Case details for

Culverwell v. Villella

Case Details

Full title:CINDY E. CULVERWELL, Appellant, v. ANTHONY J. VILLELLA, as Sheriff of…

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

Date published: Jan 29, 1982

Citations

86 A.D.2d 768 (N.Y. App. Div. 1982)