Opinion
October 19, 1970
In an action pursuant to article 15 of the Real Property Actions and Proceedings Law for (1) a declaratory judgment that plaintiff is the owner of certain real property, (2) ejectment and (3) money damages, plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County, dated June 10, 1968 and made after a nonjury trial, as dismissed his amended complaint. Judgment reversed insofar as appealed from, on the law, and case remitted to the Special Term for appropriate proceedings in accordance with the following views, with costs to abide the event. The findings of fact below have not been considered. The learned Trial Justice found that plaintiff had "failed to establish a cause of action alleged in his complaint by a fair preponderance of the credible evidence". The sole substantive decretal provision in the judgment as between the parties to this appeal only adjudges that the complaint is dismissed. Section 1521 Real Prop. Acts. of the Real Property Actions and Proceedings Law requires a declaration of the rights of the parties and a definitive resolution of the dispute litigated in an action under article 15 of the Real Property Actions and Proceedings Law. Thus, we reverse and remit this case for the rendition of an appropriate judgment in accordance with section 1521 and for the taking of such additional proofs, if any, as may be necessary in the discretion of the Trial Justice in order to comply with section 1521. Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.