TOWN OF FISHKILL v. ROYAL DUTCHESS PROPS., INC.


231 A.D.2d 511 (1996)

648 N.Y.S.2d 107

Town of Fishkill et al., Appellants, v. Royal Dutchess Properties, Inc., et al., Respondents, et al., Defendants

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

September 9, 1996


Ordered that the order is affirmed, with costs.

"It is firmly established that the decision of whether to grant declaratory relief is discretionary in character" (Smyley v Tejada, 171 A.D.2d 660, 661; see also, Matter of Morgenthau v Erlbaum, 59 N.Y.2d 143, cert denied 464 U.S. 993). Courts are reluctant to grant a declaratory judgment where adequate relief may be obtained...

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