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PRZYBOROWSKI v. O'CONNELL
Appellate Division of the Supreme Court of New York, Third Department.
Nov 21, 1947
Plaintiffs are not entitled to maintain this action. They had a complete remedy under article 78 of the Civil Practice Act to review the determination of defendants. Having failed to avail themselves of that remedy, they could not maintain an action for declaratory judgment. Order reversed on the law, without costs. Motion granted, without costs. Hill, P.J., Heffernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.
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