Legal Opinion
Bower & Gardner v. Evans
New York Court of Appeals
Decided October 25, 1983PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, with costs, by dismissing the complaint.
The Appellate Division’s decision to deny declaratory relief with respect to the plaintiffs’ contention that the statute is unconstitutional as applied is apparently not contested on this appeal. In any event the Legislature has provided that a declaratory judgment is a discretionary remedy (CPLR 3001), and it cannot be said that the Appellate Division abused its discretion in this instance (cf. W. T. Wang, Inc. v New York State Dept. of Taxation & Fin., 58 NY2d…
2Cases cited3 opinions
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
- WT Wang, Inc. v. NEW YORK STATE DEP'T OF TAXATION & FIN.New York Court of Appeals · 1983
3Cited by10 opinions
- Greystone Mgmt. Corp. v. Conciliation & Appeals Bd. of the City of New YorkNew York Court of Appeals · 1984
- Dolce-Richard v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Patchogue Nursing Center v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1993
- County of Monroe v. Clough Harbour & Associates, LLPAppellate Division of the Supreme Court of the State of New York · 2017
- Hall v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
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