D'Arrigo Bros. Co. of New York, Inc. v. City of New York

Order, Supreme Court, Bronx County, entered on or about June 21, 1971, reversed and vacated, on the law, without costs and without disbursements, defendant’s motion for an order dismissing plaintiffs’ complaint granted, plaintiffs’ cross motion denied and the complaint dismissed. The allegations of the complaint fail to set forth a justiciable controversy entitling the plaintiffs to any relief by way of a declaratory judgment or' otherwise; nor do the allegations show that the plaintiffs are entitled to any relief in a proceeding maintained as an article 78 proceeding. The maintenance and…