PHILLIPS v. VIL. OF ORISKANY


57 A.D.2d 110 (1977)

Clayton F. Phillips et al., Respondents, v. Village of Oriskany, Appellant

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

April 15, 1977


Attorney(s) appearing for the Case

Kernan & Kernan (Joseph S. Deery, Jr., of counsel), for appellant.

Lockwood & Lockwood (Timothy D. Lockwood of counsel), for respondents.

MARSH, P. J., MOULE, DILLON and GOLDMAN, JJ., concur.


WITMER, J.

In this action for a declaratory judgment defendant, Village of Oriskany, moved for dismissal of the complaint for failure, among other things, to state a cause of action, and plaintiffs cross-moved for summary judgment for the relief prayed for in the complaint. Special Term denied defendant's motion and granted plaintiffs' cross motion; and defendant appeals.

In granting plaintiffs' cross...

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