Kirn v. Noyes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHill, P. J.
This action is for a declaratory judgment. The complaint was dismissed by the Special Term upon the ground that the action was brought prematurely and that plaintiff has a remedy at law through an application to the defendant Commissioner of Agriculture for a construction and determination as to his rights under the license. Plaintiff appeals to this court.
The complaint states that plaintiff operates a dairy farm near the unincorporated village of Port Ewen, town of Esopus, Ulster county, a suburb of the city of Kingston which it adjoins on the south, and that more than 1,000 persons reside…
2Cases cited6 opinions
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
- Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Newburger v. LubellNew York Court of Appeals · 1931
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3Cited by25 opinions
- Maguire v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1944
- Citizens Gas and Coke Utility v. SloanIndiana Court of Appeals · 1964
- Guglielmo v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Davis Construction Corp. v. County of SuffolkNew York Supreme Court · 1982
- Goodwill Advertising Co. v. State Liquor AuthorityNew York Supreme Court · 1962
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