Gerseta Corp. v. Gramatan National Bank of Bronxville
Appellate Division of the Supreme Court of the State of New York
Appeal by the Raw Silk Trading Company from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office August 7,1922, which denied a motion made by the defendant for judgment dismissing the complaint or in the alternative bringing 'n the Raw Si'.k Trading Company as a party defendant. Also an appeal by the defendant, Gramatan National Bank, from so much of said order as denies its motion to dismiss the complaint.
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Appeal by the Raw Silk Trading Company from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office August 7,1922, which denied a motion made by the defendant for judgment dismissing the complaint or in the alternative bringing 'n the Raw Si'.k Trading Company as a party defendant. Also an appeal by the defendant, Gramatan National Bank, from so much of said order as denies its motion to dismiss the complaint. Order affirmed, with ten dollars costs and disbursements, on the opinion of Marsh, J., at Special Term. Present — Clarke, P.…
1Opinion of the Court
Marsh, J.:
In the view I take of this matter it is unnecessary to determine whether, or to what extent, section 473 of the Civil Practice Act * may be unconstitutional. The demand for a declaratory judgment is an unnecessary element in the prayer for relief, although certain of its clauses might require consideration in framing conclusions of law after trial. I do not think that the action is barred by the Westchester county suit or judgment. The complaint fully recognizes the force of that judgment and the validity of the claim which it establishes, but seeks relief in respect to a situation…
2Cases cited7 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Wright v. AustinNew York Supreme Court · 1865
- Wilder v. ButterfieldNew York Supreme Court · 1875
- Koehler v. Farmers' & Drovers' National BankNew York Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National City Bank v. WaggonerAppellate Division of the Supreme Court of the State of New York · 1930
- Citizens' Trust Co. v. R. Prescott & Son, Inc.New York Supreme Court · 1927
- Gerseta Corp. v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925