# Woods v. Wallander

> New York Supreme Court · December 14, 1948 · 193 Misc. 937

URL: https://www.frixlaw.com/law-library/cases/5429703

## Case

- **Full name:** Margaret M. Woods v. Arthur W. Wallander, as Police Commissioner and Chairman of the Board of Trustees of the Police Pension Fund
- **Court:** New York Supreme Court
- **Decided:** December 14, 1948
- **Citations:** 193 Misc. 937; 85 N.Y.S.2d 778; 1948 N.Y. Misc. LEXIS 3861
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hofstadter
- **Judges:** Hofstadter
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5429703

## Opinion text

Hofstadter, J.
Motion to dismiss the complaint is denied. The widow and minor children of a deceased member of the city police force seek a declaratory judgment determining them entitled to a pension. The defendant challenges the complaint on the single ground that an action for a declaratory judgment will not lie. It seems, however, that where a statute imposes on a public body a duty to make recurring payments, the plaintiff’s right is regarded as continuing. Resort to a declaratory judgment action has been permitted in analogous situations and neither the joinder of a demand for a money recovery nor the availability of other remedies has defeated the action (Wakefield v. Board of Education, 192 Misc. 639 , affd. with modification as to interest only, 274 App. Div. 884 ; Cottrell v. Board of Education, 181 Misc. 645 , affd. 267 App. Div. 817 , affd. 293 N. Y. 792 ; Nelson v. Board of Higher Education, 263 App. Div. 144 , affd. 288 N. Y. 649 ). The defendant may answer the complaint within ten days after service of a copy of this order with notice of entry.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5429703. Public record. Not legal advice.