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VITALE v. DE LEEUW

26 A.D.2d 610 (1966)

Joseph J. Vitale, Appellant, v. John De Leeuw et al., Constituting The Town Board of the Town of Caledonia, et al., Respondents

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

June 17, 1966

Order unanimously affirmed, without costs of this appeal to either party.

Memorandum:

It appears that the issues tendered in the action for declaratory judgment are identical with those passed upon by our decision in the companion case. This being so, Special Term can properly entertain a motion to dismiss the complaint in this action on the ground that the issues tendered have become...

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