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VEREINIGTE OSTERREICHISCHE EISEN UND STAHLWERKE v. MODULAR BLDG. & DEV. CORP.

37 A.D.2d 525 (1971)

Vereinigte Osterreichische Eisen Und Stahlwerke A. G., Appellant, v. Modular Building and Development Corporation et al., Respondents

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

June 8, 1971

Respondents shall recover of appellant $50 costs and disbursements of this appeal. This is an action for a declaratory judgment and for other relief. Consequently the declaration that the contract was valid and legal negates a dismissal. When relief is granted by way of declaration even if not the relief sought, a dismissal of the complaint is...

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