Krakower v. Krakower

A review of the testimony of this case leads to the conclusion that there was no necessity for a declaratory judgment. We think that in the exercise of the court’s discretion a declaratory judgment should have been refused. (James v. Alderton Dock Yards, 256 N. Y. 298, 305; Somberg v. Somberg, 263 id. 1; Kennedy v. Doyle, 229 App. Div. 756.) On the appeal by defendant, the judgment accordingly should be reversed and the complaint dismissed. In view of this disposition, the cross-appeal by plaintiff should be dismissed.

Present — Martin, P. J., Townley, Glennon and Cohn, JJ.

Judgment unanimously…