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MESSINA v. CITY OF BATAVIA

38 A.D.2d 678 (1971)

John Messina et al., on Behalf of Themselves and All Other Residents and Property Owners in The City of Batavia, Similarly Situated, Appellants, v. City of Batavia, Respondent

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

December 9, 1971

Order and judgment unanimously modified in accordance with the memorandum and as modified affirmed, without costs.

Memorandum:

Since the action is one for declaratory judgment the court should have declared the validity of the resolutions of March 9, 1970 and June 29, 1970 instead of dismissing the amended complaint (see Lanza v. Wagner, 11 N.Y.2d 317, 334; Town of Pittsford v. Gallea, 25 A...

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