Automatic Bedding Corp. v. Ortner

Defendants move to dismiss the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that an action for declaratory judgment does not lie herein.

In substance, the complaint alleges that the defendant Arthur J. Ortner (hereinafter referred to as Ortner) and companies with which he was affiliated were indebted to plaintiffs to the extent of approximately $58,000; that in consideration of plaintiffs’ agreement not to commence an action against the companies and Ortner, the latter and others entered with the plaintiffs into an agreement dated August 14,…