The plaintiff seeks a declaration of rights (Civ. Prac. Act, § 473, Rules Civ. Prac., rule 211; Fidelity & Columbia Trust Co. v. Levin, 128 Misc. 838, affd. 221 App. Div. 786, affd. 248 N.Y. 551; Leibowitz v. Bickford's Lunch System, 241 N.Y. 489). The complaint in substance contains the following allegations:
The defendant Cross Roads is the owner of certain...
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