Judgment and order unanimously modified to strike therefrom the provisions that the complaint be dismissed, and as so modified, affirmed, with costs to respondents.
Memorandum:
The ultimate conclusion of the trial court was correct but this being an action for a declaratory judgment the complaint should not have been dismissed. (22 Carmody-Wait, New York Practice, § 33, p. 771.) The individual plaintiff had standing to attack the constitutionality of...
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