Legal Opinion
Hellem v. Motor Vehicle Accident Indemnification Corp.
New York Supreme Court
Decided July 27, 1959PublishedCited by 2 opinions
1Opinion of the Court
Herbert D. Hamm:, J.
This is a motion under rule 106 of the Eules of Civil Practice to dismiss the complaint and ‘ ‘ for such other, further or other relief as may he proper ’ ’.
The general rule is that a complaint in a declaratory judgment action “ should not be dismissed as insufficient merely because the facts alleged in the complaint show that the plaintiff is not entitled to a declaration of rights as the plaintiff claims them to be. The court should, in proper case, retain jurisdiction of the action and should exercise its power to declare the rights and legal relations of the parties…
2Cases cited5 opinions
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- German Masonic Temple Ass'n v. City of New YorkNew York Court of Appeals · 1939
- Strauss v. University of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Dagood Holding Corp. v. RosenbluthAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by2 opinions
- De Abreu v. Lumbermans Mutual Casualty Co.New York Supreme Court · 1961
- White v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963