GARDNER v. LE BOEUF


8 A.D.2d 736 (1959)

Hope N. Gardner, Appellant, v. R. J. Le Boeuf, Jr., et al., Constituting The Board of Trustees of the Incorporated Village of Old Westbury, Respondents

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

May 18, 1959


Order reversed, with $10 costs and disbursements, and motion denied. Respondents may serve an answer, if so advised, within 10 days after entry of the order hereon.

The complaint sufficiently states a cause of action for a declaratory judgment. Appellant has pleaded the ultimate facts upon which she rests her conclusion that the ordinance should be declared unconstitutional, and is not required to state the evidence by which they are to be proved (Civ. Prac. Act,...

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