Stoddard v. Town of Marilla

Full title: GORDON I. STODDARD, Appellant, v. Town of Marilla et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Feb 8, 1979

387 N.E.2d 621 (N.Y. 1979)

387 N.E.2d 621

414 N.Y.S.2d 689

Opinion

Argued January 3, 1979

Decided February 8, 1979

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANK J. KRONENBERG, J.

Evan E. James, Raymond F. Roll and Frank S. Kedzielawa for appellant.

George R. Blair and Paul W. Mathias for respondent.

Order modified, with costs to defendants, by remitting the case to the Supreme Court, Erie County, for the entry of a declaratory judgment in favor of defendants in accordance with the memorandum at the Appellate Division ( 60 A.D.2d 771; see, also, Town of Pompey v Parker, 44 N.Y.2d 805; cf. Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, order affirmed.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.