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Florence v. Krasucki

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1980
78 A.D.2d 579 (N.Y. App. Div. 1980)

Summary

stating that "plaintiffs' pending action in federal court for money damages against the same defendants will determine essentially the same issues as those raised in the instant [declaratory judgment] action"

Summary of this case from Thor Gallery at Beach Place, LLC v. Standard Parking Corp.

Opinion

September 26, 1980

Appeal from the Wayne Supreme Court.

Present — Simons, J.P., Hancock, Jr., Schnepp, Doerr and Moule, JJ.


Order unanimously affirmed, without costs. Memorandum: This is an appeal from an order pursuant to CPLR 3211 dismissing plaintiffs' action for declaratory and injunctive relief arising from an incident on October 20, 1978 when defendant Freer and defendants State troopers evicted plaintiffs, migrant farm workers, from the dwellings provided for them as a part of their compensation as apple pickers at defendant Freer Fruit Farms, Inc. Plaintiffs request a decree declaring that the eviction, which allegedly was not preceded by notice and hearing, violated their rights under article 7 of Real Property Actions and Proceedings Law and under the New York State Constitution. They further request a permanent injunction prohibiting defendants from removing or threatening to remove plaintiffs from their residences. An action in United States District Court, previously commenced by plaintiffs against the same defendants, is pending. Special Term did not abuse its discretion in dismissing the complaint (see CPLR 3001; 3 Weinstein-Korn-Miller, N.Y. Civ Prac, par 3001.07). Plaintiffs do not dispute that they no longer reside on the premises in question and do not claim that they will or might do so in the future; thus, neither declaratory nor injunctive relief would have an "immediate and practical effect of influencing [the] conduct" of the parties (New York Public Interest Research Group v. Carey, 42 N.Y.2d 527, 531; see 3 Weinstein-Korn-Miller, N.Y. Civ Prac, par 3001.09b) and any decree would be advisory only. Moreover, plaintiffs' pending action in Federal court for money damages against the same defendants will determine essentially the same issues as those raised in the instant action (see Ithaca Textiles v. Waverly Lingerie Sales Co., 24 A.D.2d 133, 134, affd 18 N.Y.2d 885; 3 Weinstein-Korn-Miller, N.Y. Civ Prac, par 3001.09a). Dismissal of the instant complaint also avoids possible contradictory judicial determinations (see Prashker v. United States Guar. Co., 1 N.Y.2d 584, 591) and increased litigation (see Smith v. Western Union Tel. Co., 276 App. Div. 210, 213, affd 302 N.Y. 683; 3 Weinstein-Korn-Miller, N.Y. Civ Prac, par 3001.09d). We do not reach the other issues raised on appeal.


Summaries of

Florence v. Krasucki

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1980
78 A.D.2d 579 (N.Y. App. Div. 1980)

stating that "plaintiffs' pending action in federal court for money damages against the same defendants will determine essentially the same issues as those raised in the instant [declaratory judgment] action"

Summary of this case from Thor Gallery at Beach Place, LLC v. Standard Parking Corp.

stating that "plaintiffs' pending action in federal court for money damages against the same defendants will determine essentially the same issues as those raised in the instant [declaratory judgment] action"

Summary of this case from Gallery at Beach Place, LLC v. Standard Parking Corp.

stating that “plaintiffs' pending action in federal court for money damages against the same defendants will determine essentially the same issues as those raised in the instant [declaratory judgment] action”

Summary of this case from Thor Gallery At Beach Place, LLC v. Standard Parking Corp.
Case details for

Florence v. Krasucki

Case Details

Full title:FRANKIE M. FLORENCE et al., Appellants, v. HENRY KRASUCKI et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 26, 1980

Citations

78 A.D.2d 579 (N.Y. App. Div. 1980)

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Thor Gallery at Beach Place, LLC v. Standard Parking Corp.

Reynolds Metals Co. v Speciner, 6 AD2d 863 (1st Dept 1958); See also Ithacq Textiles. Inc. v Waverlv Lingerie…

Thor Gallery At Beach Place, LLC v. Standard Parking Corp.

Consideration must be given to the utility and necessity of a purely alternative remedy'.” [citations…