Keleher v. American Airlines, Inc.

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term correctly held that plaintiff was not entitled to the declarations sought (see Matter of Keleher v American Airlines, 91 AD2d 866). The proper procedure, however, is a judgment declaring the rights of the parties rather than a dismissal of the action (see Lanza v Wagner, 11 NY2d 317; Miller v Braun, 89 AD2d 787). Therefore, the third ordering paragraph of the order appealed from is modified to provide that plaintiff is not entitled to the declaration requested.…