Legal Opinion

Culverwell v. Villella

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

Decided January 29, 1982Published

1Opinion of the Court

Order unanimously reversed, with costs, and complaint reinstated. Memorandum: Plaintiff’s action for declaratory judgment should not have been dismissed on defendant’s oral cross motion without notice to plaintiff. Additionally, “[sjince plaintiff sought a declaratory judgment, the complaint should not have been dismissed without declaring the rights of the parties (Lanza v Wagner, 11 NY2d 317, 334)” (Mazzo v County of Monroe, 58 AD2d 1017). (Appeal from order of Supreme Court, Erie County, Mintz, J. — dismiss complaint.) Present — Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.

2Cases cited2 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Mazzo v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1977