O'Donnell v. Antin

In an action for declaratory and injunctive relief, plaintiffs appeal from an order and judgment (one paper) of the Suprenie Court, Westchester County, dated July 23, 1973, which denied their motion for a preliminary injunction and, without a trial, declared the rights of the parties. Order and judgment modified by striking therefrom all the decretal provisions other than that which denied plaintiffs’ motion for a preliminary injunction. As so modified, order and judgment affirmed, with $20 costs and disbursements. In our opinion, before the rights of the parties may be declared, a trial must be held upon plaintiffs’ claim of a 'denial of their right to equal protection of the laws. Hopkins, Acting P. J., Latham, Shapiro, Gulotta and Benjamin, JJ., concur.