INC. VILL. OF ATL. BEACH v. TOWN OF HEMPSTEAD


27 A.D.2d 556 (1966)

Incorporated Village of Atlantic Beach, Respondent, v. Town of Hempstead, Appellant

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

December 19, 1966


Order and judgment reversed insofar as appealed from, with $10 costs and disbursements; defendant's cross motion for summary judgment as to the relief requested in its counterclaim granted; and action remitted to the Special Term for the making and entry of a declaratory judgment consistent herewith.

In substance, the relief sought by the plaintiff village in this action, and granted it by the order and judgment appealed from, is a declaration that its Board of Trustees...

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