DEVINE v. COUNTY OF SUFFOLK


71 Misc.2d 883 (1972)

Hortense M. Devine, as Surviving Tenant by the Entirety with Bradley R. Devine, Deceased, Plaintiff, v. County of Suffolk et al., Defendants.

Supreme Court, Special Term, Suffolk County.

October 17, 1972


Attorney(s) appearing for the Case

George W. Percy, Jr., for defendants. Gordon C. Sammis for plaintiff.


GEORGE F. X. McINERNEY, J.

At a pretrial conference on February 24, 1972, it was agreed that the posture of the action should be that of a motion for a declaratory judgment on the part of the plaintiff, and a motion to dismiss the complaint on the part of the defendants. The motion for a declaratory judgment in accordance with the complaint is granted and the motion to dismiss the complaint is denied.

This is an action brought pursuant to article...

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