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ARROW LOUVER & DAMPER CORP. v. NEWSDAY, INC.

86 A.D.2d 513 (1982)

Arrow Louver & Damper Corp. et al., Appellants, et al., Plaintiffs, v. Newsday, Inc., Respondent

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

January 7, 1982

"It was error * * * to dismiss the complaint in this action for a declaratory judgment merely because the plaintiffs were not entitled to the declaration sought by them." (Lanza v Wagner, 11 N.Y.2d 317, 334), and "the motion [for summary judgment dismissing the complaint] should be taken as defendant's motion for a declaration in [its] favor and treated accordingly." (Seigel, New York Practice, § 440, p 584.) (See, also, 3 Weinstein...

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