Pope v. Bartlett

—In an action, inter alia, for a declaratory judgment, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered March 26, 1979, as, on cross motions for summary judgment addressed to the first cause of action, (1) denied plaintiff’s motion, (2) granted defendant’s cross motion, and (3) directed that the first cause of action be dismissed. Judgment modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision directing judgment in favor of the defendant declaring that section 39 of the Judiciary Law does not…