Reynolds Metals Co. v. Speciner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court should not, in the exercise of discretion, entertain an action for a declaratory judgment where the matter sought to be adjudicated is the subject of another action pending, which when tried, will dispose of all the issues involved in the declaratory judgment action (Storer v. Ripley, 283 App. Div. 973). In the ease before us, not only is such an action pending in the Federal court, but another one, based on the main complaint, is pending in this court. There is accordingly no necessity for the declaratory judgment action and the supplemental complaint seeking that form of relief…
2Cases cited1 opinion
- Storer v. RipleyAppellate Division of the Supreme Court of the State of New York · 1954
3Cited by4 opinions
- Davis Construction Corp. v. County of SuffolkNew York Supreme Court · 1982
- Salomon Bros. v. West Virginia State Board of InvestmentsNew York Supreme Court · 1990
- Maxim, Inc. v. FeiferAppellate Division of the Supreme Court of the State of New York · 2018
- Sherman v. BiglariDistrict Court, N.D. Ohio · 2020