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BD. OF EDUC. OF THE DEPEW UNION FREE SCH. DIST. v. DEPEW TEACHERS ORG., INC.

167 A.D.2d 906 (1990)

Board of Education of the Depew Union Free School District, Respondent, v. Depew Teachers Organization, Inc., Appellant. (Appeal No. 1.)

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

November 16, 1990

Order unanimously affirmed without costs.

Memorandum:

The court correctly denied defendant's motion to dismiss plaintiff's declaratory judgment action for failure to state a cause of action, because the court had jurisdiction to declare the rights of the parties (see, Fillman v Axel, 63 A.D.2d 876). Plaintiff sought a declaration that a June 26th memorandum of understanding...

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