Garcia v. Motor Vehicle Accident Indemnification Corp.

Defendant moved to dismiss the complaint in this action for a declaratory judgment. There has been some confusion as to the proper disposition of a motion to dismiss an action for this relief. Where on the stated facts no case is made out showing plaintiff has a right to a declaration at all, it is, of course, proper to grant the motion. The difficulty arises where a proper case for a declaration is set out but the particular *63declaration sought is not warranted. There the merit of the claim is not a relevant factor and the action should be allowed to proceed to trial and judgment (Rockland…