KAPLEN v. TOWN OF HAVERSTRAW


105 A.D.2d 690 (1984)

Wilson Kaplen, Doing Business as Mountainside Apartments et al., Appellants, v. Town of Haverstraw et al., Respondents, and Steven M. Fromson et al., Intervenors-Respondents

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

November 5, 1984


Order, as amended, modified, by deleting the provision thereof which ordered the action dismissed in the event plaintiffs failed to join all affected tenants as parties to the action and substituting therefor a provision denying the town's cross motion in its entirety. As so modified, order, as amended, affirmed insofar as appealed from, without costs or disbursements.

Where the gravamen of an action for a declaratory judgment is the alleged invalidity of a governmental...

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