Waterways Development Corp. v. Lavalle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*540In an action for a judgment declaring, inter alia, that a certain variance is valid, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated November 12, 2004, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs contention, the Supreme Court did not err in determining that declaratory relief was not warranted and dismissing the complaint. Pursuant to CPLR 3001, the Supreme Court may render a declaratory…
2Cases cited8 opinions
- American Insurance Ass'n v. ChuNew York Court of Appeals · 1985
- Lehigh Portland Cement Co. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1995
- Park Avenue Clinical Hospital v. KramerNew York Court of Appeals · 1967
- United Water New Rochelle, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Warren & Washington Industrial Development Agency v. Village of Hudson Falls Board of HealthAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by21 opinions
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- Shepherd v. MaddaloniAppellate Division of the Supreme Court of the State of New York · 2013
- Ashley Builders Corp. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2007
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