Elmsford Properties Corp. v. Daitch Crystal Dairies, Inc.

In an action for a declaratory judgment, defendants appeal from an order of the Supreme Court, Westchester County, dated March 13, 1961, which denied their motion for judgment dismissing the complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, on the ground that plaintiff has an adequate remedy at law, and pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice, on the ground that there is another action pending between the same parties. Order reversed, with $10 costs and disbursements, and motion to dismiss granted, with $10 costs, with leave to…