Legal Opinion

Leary v. Leary

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1937PublishedCited by 1 opinion

1Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, as a matter of discretion on the ground that the plaintiff has an adequate remedy in an action at law. (Rules Civ. Prae. rule 212; Newburger v. Lubell, 257 N. Y. 383; Mitchell v. Dunmore *791Realty Co., 135 App. Div. 583; National Park Bank v. Billings, 144 id. 536; affd. on opinion below, 203 N. Y. 556.) All concur. (The order grants defendant’s motion to dismiss plaintiff’s complaint in an action for a declaratory judgment.) Present — Sears, P. J., Edgcomb, Lewis, Cunningham and Taylor, JJ.

2Cases cited3 opinions

  1. Newburger v. LubellNew York Court of Appeals · 1931
  2. The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
  3. Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by1 opinion

  1. Tursellino v. PaduanoNew York Supreme Court · 1951