FHAGEN v. MILLER


36 A.D.2d 926 (1971)

Michael Fhagen et al., Appellants, v. Alan D. Miller, Individually and as Commissioner of Mental Hygiene of The State of New York, et al., Respondents

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

May 13, 1971


Since this was an action for declaratory judgment, it was error, in granting summary judgment to defendants, to direct dismissal of the complaint, and a declaration as to the constitutionality of the sections attacked should have been made. (See Lanza v. Wagner, 11 N.Y.2d 317; New York Sporting Arms Assn. v. City of New York, 31 A.D.2d 793, and...

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