Sonkin v. Sonkin

This action was instituted for a declaratory judgment. After the service of the amended complaint, defendant Ceil Sonkin moved to dismiss the action on the ground that the complaint did not state facts sufficient to constitute a cause of action in equity since the plaintiff had an adequate remedy at law. Special Term granted the motion with the following memorandum: “ In the *626exercise of his discretion the court grants this motion to dismiss the complaint herein on the ground that plaintiff has a complete and adequate remedy at law to which he is relegated.”

We are of the opinion that the…