Legal Opinion

Phillips v. Village of Oriskany

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1977PublishedCited by 11 opinions

1Opinion of the CourtWitmer, J.

In this action for a declaratory judgment defendant, Village of Oriskany, moved for dismissal of the complaint for failure, among other things, to state a cause of action, and plaintiffs cross-moved for summary judgment for the relief prayed for in the complaint. Special Term denied defendant’s motion and granted plaintiffs’ cross motion; and defendant appeals.

In granting plaintiffs’ cross motion the court merely ordered that "plaintiffs have judgment for the relief demanded in the complaint”. The complaint prayed for judgment declaring (1) *112that the use of such premises is a valid…

2Cases cited18 opinions

  1. Dexter v. Town BoardNew York Court of Appeals · 1975
  2. Matter of Hickox v. GriffinNew York Court of Appeals · 1949
  3. MTR. OFF SHORE REST. CORP. v. LindenNew York Court of Appeals · 1972
  4. Sears v. Grand Lodge of Ancient Order of United WorkmenNew York Court of Appeals · 1900
  5. Roberts v. County Court of Wyoming CountyNew York Court of Appeals · 1974

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
  2. McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
  3. McCartney v. Incorporated Village of East WillistonAppellate Division of the Supreme Court of the State of New York · 1989
  4. JPMorgan Chase Bank, N.A. v. MalarkeyAppellate Division of the Supreme Court of the State of New York · 2009
  5. Mize v. County of MecklenburgCourt of Appeals of North Carolina · 1986

6 more not listed; retrieve them via the Exa API.

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