Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: The court should not have granted defendant's cross motion for summary judgment dismissing the complaint but rather should have declared the rights of the parties (see, e.g., Pless v Town of Royalton,
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LINCOLN GIBBS CO. v. CITY OF ROCHESTER
197 A.D.2d 934 (1993)
604 N.Y.S.2d 849
Lincoln Gibbs Company, Appellant, v. City of Rochester, Respondent
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
October 1, 1993
October 1, 1993
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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