UNION F. S., HEMPSTEAD v. VIL. HEWLETT BAY PARK


198 Misc. 932 (1950)

Union Free School District No. 14 of Town of Hempstead, Nassau County, Plaintiff, v. Village of Hewlett Bay Park et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 15, 1950.


Attorney(s) appearing for the Case

Eugene R. Hurley for defendants.

Meyer Robins for plaintiff.


STODDART, J.

The defendant moves to dismiss the complaint on two grounds: (1) that the plaintiff has no legal right to maintain an action for a declaratory judgment, and (2) that the complaint does not state facts sufficient to constitute a cause of action.

The complaint reveals the following facts which must be deemed to be true on this motion. The defendant village in 1949 by an amendment to its ordinances...

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