JADAM ASSOCS., INC. v. FELOMER, INC.


37 A.D.2d 550 (1971)

Jadam Associates, Inc., Appellant, v. Felomer, Inc., Respondent

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

June 24, 1971


The trial court should have made such declarations as to the rights and legal relations of the parties as was consistent with and justified by the pleading statements and proofs. Although the plaintiff was not entitled to a declaration as sought or to a declaration in its favor, the pleading statements and proofs did suggest and support different declaratory relief and, thus, the trial court should not have dismissed the complaint but should have rendered judgment for such...

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