LEP TRANSP., INC. v. WEATHER GAY INT'L, INC.


38 A.D.2d 802 (1972)

Lep Transport, Inc., Appellant, v. Weather Gay International, Inc., et al., Respondents, et al., Defendant

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

February 15, 1972


Respondents shall recover of appellant $50 costs and disbursements of this appeal.

We agree with the conclusions reached by Special Term. However, we have repeatedly held that in an action for a declaratory judgment the complaint should not be dismissed if a proper case is made out for a declaration of rights. Special Term should have made a declaration of the rights of the parties as to the subject matters of the litigation, as indicated above (Lanza v. Wagner...

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