points error in New York

1971In any event, it has been clearly held that: “A declaratory judgment action is preferred where the legality and construction of statutes, constitutional infirmities and the propriety of official acts are the points of inquiry and a decision will afford assistance to the municipality and its citizens.” (Bradford v. County of Suffolk, 257 App. Div. 777 , mod. 283 N. Y. 503 ; Bloom v. Mayor of City of New York, 35 A D 2d 92).

1970To the contrary, a declaratory judgment action is preferred where the legality and construction of statutes, constitutional infirmities and the propriety of official acts are the points of inquiry and a decision will afford assistance to the municipality and its citizens (Bradford v. County of Suffolk, 257 App. Div. 777, 779-780 , mod. 283 N. Y. 503 ).

1971In any event, it has been clearly held that: “A declaratory judgment action is preferred where the legality and construction of statutes, constitutional infirmities and the propriety of official acts are the points of inquiry and a decision will afford assistance to the municipality and its citizens.” (Bradford v. County of Suffolk, 257 App. Div. 777 , mod. 283 N. Y. 503 ; Bloom v. Mayor of City of New York, 35 A D 2d 92).

1970To the contrary, a declaratory judgment action is preferred where the legality and construction of statutes, constitutional infirmities and the propriety of official acts are the points of inquiry and a decision will afford assistance to the municipality and its citizens (Bradford v. County of Suffolk, 257 App. Div. 777, 779-780 , mod. 283 N. Y. 503 ).

2001While it was error to exclude photographs of plaintiff’s feet taken shortly after the accident since, even if not sent directly to defense counsel, counsel was aware of them from the references thereto in his own expert’s medical report (see, Freeman v Kirkland, 184 AD2d 331 ), the error was harmless.

1993The action was properly dismissed as against the time charterer, there being no proof that it was aware of any hidden dangers on the vessel as would require it to use reasonable care in stabilizing the vessel, and otherwise maintaining safe conditions during cargo operations performed by the stevedore (see, LaGrega v Farrell Lines, 156 AD2d 205 , citing Scindia Steam, Nav.

1981Under the circumstances, we do not hesitate to reverse in the interest of justice and remand the matter for a new trial on the contract cause of action (see Bolm v Triumph Corp., 58 AD2d 1014 ; Anchor Motor Frgt. v Shapiro, 56 AD2d 573, 574 ; De Joseph v Gutekunst, 13 AD2d 223, 226 ).

1981Under the circumstances, we do not hesitate to reverse in the interest of justice and remand the matter for a new trial on the contract cause of action (see Bolm v Triumph Corp., 58 AD2d 1014 ; Anchor Motor Frgt. v Shapiro, 56 AD2d 573, 574 ; De Joseph v Gutekunst, 13 AD2d 223, 226 ).

1981Under the circumstances, we do not hesitate to reverse in the interest of justice and remand the matter for a new trial on the contract cause of action (see Bolm v Triumph Corp., 58 AD2d 1014 ; Anchor Motor Frgt. v Shapiro, 56 AD2d 573, 574 ; De Joseph v Gutekunst, 13 AD2d 223, 226 ).