From Casetext: Smarter Legal Research

Matter of Berman v. James

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1967
27 A.D.2d 720 (N.Y. App. Div. 1967)

Opinion

February 21, 1967


Judgment dismissing the petition unanimously reversed on the consent of the respondent, without costs or disbursements to either party, the petition is reinstated and the matter remanded for determination by Special Term. The original declaration by Special Term should not have been made in view of its dismissal of the petition for lack of standing of the petitioner to maintain the declaratory judgment action. Accordingly, this petition should not have been dismissed.

Concur — Botein, P.J., Stevens, Tilzer and Rabin, JJ.


Summaries of

Matter of Berman v. James

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1967
27 A.D.2d 720 (N.Y. App. Div. 1967)
Case details for

Matter of Berman v. James

Case Details

Full title:In the Matter of ROSE BERMAN, Appellant, v. GEORGE JAMES, as Commissioner…

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

Date published: Feb 21, 1967

Citations

27 A.D.2d 720 (N.Y. App. Div. 1967)