Legal Opinion

Framer v. McCarthy

New York Supreme Court

Decided April 30, 1954PublishedCited by 1 opinion

1Opinion of the CourtSchreiber, J.

This is a motion before answer to dismiss the complaint for failure to state a good cause of action or on the ground that the court, in the exercise of its discretion, should refuse to entertain this action. The only question presented on such a motion is whether the case is a proper one for declaratory judgment. (Rockland Light & Power Co. v. City of New York, 289 N. Y. 45, 51.)

In the first cause of action, it is alleged that in the radio and television program, known as “ Strike It Rich”, owned and produced by plaintiffs, “ no requests for money or donations of money or property or…

2Cases cited6 opinions

  1. Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
  2. Reed v. LittletonNew York Court of Appeals · 1937
  3. International Mutoscope Reel Co., Inc. v. ValentineNew York Court of Appeals · 1936
  4. Travelers Indemnity Co. v. BurgAppellate Division of the Supreme Court of the State of New York · 1937
  5. Guide Escort Service, Inc. v. MossNew York Supreme Court · 1940

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3Cited by1 opinion

  1. Cherry v. KochNew York Supreme Court · 1985

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