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TOWN OF GREECE v. URBAN DEV. CORP. GREATER ROCHESTER, INC.

46 A.D.2d 756 (1974)

Town of Greece, Appellant, v. Urban Development Corporation Greater Rochester, Inc., et al., Respondents

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

November 12, 1974

Since this was an action for declaratory judgment, it was error, in granting summary judgment to defendants, to direct dismissal of the complaint. A declaration in favor of defendants should instead 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, 11 N.Y.2d 317, 334, app. dsmd. 371 U.S. 74

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