HILLSIDE PROP. OWNERS ASS'N, INC. v. SALANTER AKIBA RIVERDALE ACAD.


45 A.D.2d 683 (1974)

Hillside Property Owners Association, Inc., et al., Appellants, et al., Plaintiff, v. Salanter Akiba Riverdale Academy, Respondent

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

June 11, 1974


Respondent shall recover of appellants $60 costs and disbursements of this appeal. We adopt the findings and conclusions reached by Trial Term. However, since this was an action for declaratory judgment, it was error to dismiss the complaint and a declaration of the parties' rights should have been made. (See St. Lawrence Univ. v. Trustees of Theol. School of St. Lawrence Univ., 20 N.Y.2d 317, 325; Lanza v. Wagner,

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