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WATERWAYS DEVELOPMENT CORPORATION v. LaVALLE

28 A.D.3d 539 (2006)

813 N.Y.S.2d 485

WATERWAYS DEVELOPMENT CORPORATION, Appellant, v. JOHN JAY LAVALLE et al., Respondents.

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

April 11, 2006.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not err in determining that declaratory relief was not warranted and dismissing the complaint. Pursuant to CPLR 3001, the Supreme Court may render a declaratory judgment as to the rights of the parties when there is a justiciable controversy. A justiciable controversy must involve a present, rather than hypothetical, contingent or remote, prejudice to the...

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