Denkman v. Denkman

Plaintiff, though a non-resident, has the legal capacity to sue. (Dean v. Dean, 241 N. Y. 240; Gregonis v. P. & R. Coal & Iron Co., 235 id. 152, 159.) That the court has jurisdiction of the subject-matter of the action in the sense that it has power to enter a judgment in an action of this character is not open to doubt. (Baumann v. Baumann, 222 App. Div. 460; 224 id. 719; modfd. and affd., 250 N. Y. 382.) As to whether the court in the exercise of its discretion should decline to pronounce a declaratory judgment may be determined at a later time upon an adducement of all the facts. In any…