1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 44 N.Y.2d
  5. 44 N.Y.2d 700 (1978)
 

KELLY'S RENTAL, INC. v. CITY OF NEW YORK

44 N.Y.2d 700 (1978)

Kelly's Rental, Inc., et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Spiros A. Tsimbinos for appellants.

Allen G. Schwartz, Corporation Counsel (Joel A. Newman and L. Kevin Sheridan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, and the case remitted to Special Term for further proceedings in accordance with the memorandum herein, and as so modified, should be affirmed.

A party against whom a criminal proceeding is pending may not seek declaratory relief. (Reed v Littleton, 275 N.Y. 150; 3 Weinstein-Korn-Miller, NY Civ Prac, par 3001.06k.) The constitutionality...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases