Opinion
May 10, 2000.
Appeal from Judgment of Supreme Court, Steuben County, Bradstreet, J. — Declaratory Judgment.
PRESENT: HAYES, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Supreme Court properly declared the rights of the parties for reasons stated in its decision. However, because this is a declaratory judgment action, the court erred in dismissing the complaint in action No. 1 ( see, Tumminello v. Tumminello, 204 A.D.2d 1067). We therefore modify the judgment by vacating the third decretal paragraph.