ASS'N FOR IMPROVEMENT IN MOHEGAN, INC. v. TOWN OF CORTLANDT


137 A.D.2d 742 (1988)

Association for Improvement in Mohegan, Inc., Respondent, v. Town of Cortlandt, Appellant

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

February 22, 1988


Ordered that the order is reversed, on the law, with costs, the motion to dismiss is granted, and the complaint is dismissed.

In order to determine the Statute of Limitations applicable to a particular declaratory judgment action, the substance of the action must be examined to identify the relationship out of which the claim arises and the relief sought (see, Solnick v Whalen, 49 N.Y.2d 224, 229). If it is determined...

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