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STRAUSS v. UNIV. OF STATE OF NEW YORK

280 A.D. 1017 (1952)

Irving Strauss et al., on Behalf of Themselves and Others in The State of New York Similarly Situated, Respondents, v. University of the State of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.

Appellants ask that the complaint be dismissed on this appeal, but the record shows no such motion at Special Term. If there is a justiciable controversy between the parties, as there seems to be in this case under the authority of Finlay Straus, Inc., v. University of State of New York (266 App. Div. 1042, 270 App. Div. 1060), the complaint will not be dismissed on motion because a cause of action for a declaratory judgment exists, whether or not the declaration to...

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