Legal Opinion
Daniel J. G. v. Michael M.
New York Supreme Court
Decided April 16, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
W. Denis Donovan, J.
A motion is made by defendant to dismiss the complaint based upon various grounds under CPLR 3211 (a). Being a declaratory judgment action, declaration rather than dis*785missal would be appropriate (Sweeney v Cannon, 30 NY2d 633) and therefore dismissal, as such, is denied. A full submission has been received and a cross motion by plaintiff specifically seeks declaration. The cross motion is granted to the extent a declaration of the rights of the parties will be made. In this connection, plaintiff has attacked the constitutionality of section 516 of the…
2Cases cited8 opinions
- Trimble v. GordonSupreme Court of the United States · 1977
- Gomez v. PerezSupreme Court of the United States · 1973
- Lalli v. LalliSupreme Court of the United States · 1978
- Brescia v. FittsNew York Court of Appeals · 1982
- In re the Estate of LalliNew York Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Elizabeth W. Williams v. Benjamin v. LambertCourt of Appeals for the Second Circuit · 1995
- Williams v. LambertDistrict Court, S.D. New York · 1994