Stuyvesant Insurance v. Perfetto

Motion by defendant De Louise to dismiss the complaint upon the ground that (1) it fails to state facts sufficient to constitute a cause of action, (2) there is another action pending between the same parties for the same cause and (3) this is not a proper case for a declaratory judgment.

Plainly, there is no other action pending between the same parties for the same cause. In the first place, plaintiff in this action is not a party to the other action. In the second place, the other action is one by this defendant De Louise against Bilella, Perfetto and Hempstead Lincoln-Mercury Motors Corp.…