Appellate Division of the Supreme Court of New York, 1970

Sibarco Stations, Inc. v. Risman

Sibarco Stations, Inc. v. Risman
Appellate Division of the Supreme Court of New York · Decided May 21, 1970
34 A.D.2d 890; 311 N.Y.S.2d 761; 1970 N.Y. App. Div. LEXIS 4796
Sibarco Stations, Inc. v. Risman

Opinion of the Court

Judgment unanimously modified by deleting the second decretal paragraph, and as so modified affirmed, without costs. Memorandum: Upon denial of the motion to dismiss, the petitioner’s affirmative relief should not have been granted before permitting respondents appellants to answer (CPLR 7804, subd. Í.£]) • (Appeal from judgment of Erie Special Term, in article 78 proceeding.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.