Majority
p. 741Benjamin Krieger, Respondent, v. Ethel Krieger et al., Appellants. Submitted June 15, 1970; decided September 24, 1970.
Motion to amend remittitur denied. Form of judgment to be entered on remittitur lies within jurisdiction of Supreme Court but, in general, dismissal of complaint does not fully meet requirements of proper action for declaratory judgment (Bookland Light & Power Co. v. City of New York, 289 N. Y. 45 ) and judgment to be entered should follow remittitur in present case literally. [See 25 N Y 2d 364 .]
Cases cited
- Rockland Light & Power Co. v. City of New York 289 N. Y. 45 p. 741
- Krieger v. Krieger 25 N Y 2d 364 p. 741