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WILNER v. DEPT. OF HEALTH

5 Misc.2d 331 (1957)

Yale Wilner, Plaintiff, v. Department of Health of County of Westchester et al., Defendants.

Supreme Court, Special Term, Westchester County.

January 3, 1957.

Attorney(s) appearing for the Case

Yale Wilner, plaintiff in person.

Harry G. Herman, County Attorney (Arthur T. Connick of counsel), for defendants.

SAMUEL W. EAGER, J.

This is a motion for summary judgment in an action for a declaratory judgment. There is no dispute in the material facts, and it is, therefore, clear that this motion may be properly entertained and granted. (Roer Constr. Corp. v. City of New Rochelle, 207 Misc. 46, and cases cited.) The court should, upon this motion, grant judgment for such declaration...

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