D'ARRIGO BROS. CO. OF NEW YORK, INC. v. CITY OF NEW YORK


39 A.D.2d 678 (1972)

D'Arrigo Bros. Co. of New York, Inc., et al., Respondents, v. City of New York, Appellant

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

May 16, 1972


Reversed and vacated, on the law, without costs and without disbursements, defendant's motion for an order dismissing plaintiffs' complaint granted, plaintiffs' cross motion denied and the complaint dismissed.

The allegations of the complaint fail to set forth a justiciable controversy entitling the plaintiffs to any relief by way of a declaratory judgment or otherwise; nor do the allegations show that the plaintiffs are entitled to any relief in a proceeding maintained...

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