In Herwick v. Stiehl, 68 Misc.2d 850 (Civ. Ct., Bronx Co. 1971) , Judge (later Appellate Division Justice) Sullivan held that "there is an element of judicial declaration every time a court exercises its responsibility to fact find," and that it was therefore appropriate, where a bank's depositor had brought a claim framed in equity in a court without equity jurisdiction, seeking to obtain the proceeds of two bank accounts, to adjudicate her rights and award a money judgment against the depository institutions.