Berkey v. Downing

In this action the plaintiffs seek both a declaratory judgment pursuant to CPLR 3001 and 3017 (subd. [b]) and further seek an adjudication declaring the deed given pursuant to a sale to be null and void, that all proceedings of the school district leading up to the delivery of said deed be rescinded, that the defendants, William S. Downing, Jr. and Elaine Downing, make restitution of school property and respond to the Ithaca City School District in damages and that *596the school district retake possession of the property by reconveyance.

All defendants have moved for a dismissal of the complaint…