Lumbermens Mutual Casualty Co. v. Brown — 27 A.D.2d 696

Majority

p. 696

Lumbermens Mutual Casualty Company, Appellant, v. George J. Brown, as Administrator of the Estate of Mabel G. Brown, Deceased, et al, Respondents.

Judgment unanimously modified in accordance with Memorandum and, as modified, affirmed, with costs to respondents. Memorandum: The trial court correctly determined that plaintiff was not entitled to a declaration in its favor but erroneously dismissed the complaint. It should have granted a declaration declaring the rights of the parties (Hoffman v. City of Syracuse, 2 N Y 2d 484 , 487; Matter of Mandis v Gorski, 24 A D 2d 181 , 184). Such a declaration will be incorporated in the order to be entered herein. (Appeal from judgment of Erie Trial Term dismissing declaratory judgment action.) Present — Bastow, J. P., Goldman, Del Vecchio and Marsh, JJ.

Cases cited

Hoffman v. City of Syracuse 2 N Y 2d 484 N.Y. 1957-03-08 at 487 p. 696
Mandis v. Gorski 24 A D 2d 181 N.Y. App. Div. 1965-12-09 at 184 p. 696