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PREMIER RESTORATIONS OF N.Y. CORP. v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

2014-06725, Index No. 30452/14.

127 A.D.3d 1049 (2015)

5 N.Y.S.3d 888

2015 NY Slip Op 03339

PREMIER RESTORATIONS OF NEW YORK CORP., Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided April 22, 2015.

In a declaratory judgment action, the plaintiff appeals from an order of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated June 13, 2014, which granted the defendant's motion pursuant to CPLR 3211 (a) (7) and CPLR 3001 to dismiss the complaint.

Ordered that the order is affirmed, with costs.

An action for a declaratory judgment must be supported by the existence of a justiciable controversy (see<...

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