Appellate Division of the Supreme Court of the State of New York March 27, 1972 (Haroche v. Leary)

In this case, which petitioner characterized as a proceeding pursuant to article 78 of the CPLR but which was properly treated by the Special Term as a plenary suit for a declaratory judgment and an injunction, (1) respondents appeal from so much of a judgment of the Supreme Court, Kings County, dated September 2, 1970 and made after a non jury trial, as declared that the business transacted by