Since this was an action for declaratory judgment, the complaint should not have been dismissed merely because plaintiffs were not entitled to the declaration sought by them. The court at Special Term, instead of dismissing the complaint, should have made an appropriate declaration of the rights of the parties with respect to the subject matter of the litigation (Sweeney v Cannon,
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BACON v. BACON
61 A.D.2d 969 (1978)
Alexandra T. Bacon, an Infant, by Her Mother, et al., Appellants, v. Varick Bacon, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 30, 1978
March 30, 1978
Appellate Division of the Supreme Court of the State of New York, First Department.
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