Gill v. Logan

In an action, inter alia, to declare the rights of the parties to certain premises, as affected by a stipulation agreement dated July 25, 1975, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 28, 1977, which granted the defendant’s motion to dismiss the complaint. Order reversed, on the law, without costs or disbursements, motion denied, and it is declared that plaintiff has no right to the disputed property under the terms of the stipulation. Generally, when a bona fide justiciable controversy has been presented, it is improper to dismiss a complaint seeking…