Bartlett v. Lily Dale Assembly

Plaintiffs, by their prayer for relief, establish this action solely as one for a declaratory judgment in accordance with section 473 of the Civil Practice Act. This is true, notwithstanding that, under subdivisions 5 and 6 of their prayer for relief, plaintiffs seek further or consequential relief. The broadest concept of the province of a declaratory judgment does not include the request of plaintiffs contained in such subdivisions to declare their remedies. Plaintiffs and others similarly situated must seek such remedies as they may be advised, after a determinative declaration of their…