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Lawler v. Clinton St. Dev. Properties, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1978
63 A.D.2d 827 (N.Y. App. Div. 1978)

Opinion

May 19, 1978

Appeal from the Onondaga Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Schnepp and Hancock, Jr., JJ.


Order unanimously affirmed, with costs. Memorandum: Special Term properly dismissed the complaint for a declaratory judgment and injunctive relief. There was no showing of any necessity for such relief or that plaintiff's contractual rights, if any, could not be fully adjudicated in an action at law (CPLR 3001; see Walsh v Andorn, 33 N.Y.2d 503, 507; James v Alderton Dock Yards, 256 N.Y. 298, 305; Seaboard Sur. Co. v Massachusetts Bonding Ins. Co., 42 Misc.2d 435, 436).


Summaries of

Lawler v. Clinton St. Dev. Properties, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
May 19, 1978
63 A.D.2d 827 (N.Y. App. Div. 1978)
Case details for

Lawler v. Clinton St. Dev. Properties, Inc.

Case Details

Full title:ROBERT H. LAWLER, as Assignee of CLINTON STATION RESTAURANT, INC.…

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

Date published: May 19, 1978

Citations

63 A.D.2d 827 (N.Y. App. Div. 1978)

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