Judgment reversed insofar as appealed from, on the law and the facts and in the interests of justice, without costs, and case remitted to the Special Term for the entry of a declaratory judgment in accordance with the views herein set forth.
In an action for a declaratory judgment, if the court considers the merits, the judgment to be entered should declare the parties' rights. A dismissal of a complaint in such action is improper (Connolly v. Incorporated Vil...
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