CAPON v. FLAIR ORG., INC.


43 A.D.2d 569 (1973)

Simantov S. Capon et al., Appellants, v. Flair Organization, Inc., et al., Respondents, and Waldmar W. Beckmeier et al., Defendants

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

November 12, 1973


Judgment modified, on the law, by adding thereto a provision declaring that the easement agreement is valid. As so modified, judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs, jointly.

As the complaint, in part, sought a declaratory judgment, a declaration should have been made with respect to the rights of the parties (see Lanza v. Wagner, 11 N.Y.2d 317, 324; Einbinder...

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