Legal Opinion

Terraqua Corp. v. Emigrant Industrial Savings Bank

Appellate Division of the Supreme Court of the State of New York

Decided February 16, 1948PublishedCited by 4 opinions

1Per curiam

Successive actions for declaratory judgment should not be permitted in order to give a litigant an opportunity to raise some additional point which he failed to present in a former action: In any event, on the merits, the decision of the court below as to the second and third causes of action was *257correct. If, and we do not so decide, the plaintiff has á" valid claim with respect to the item for temporary repairs, the cost of refrigerator- and gas stove and the adjustment of interest referred to in the complaint, he should be relegated to an action at law, in the proper forum. (Newburger v.…

2Cases cited2 opinions

  1. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  2. Newburger v. LubellNew York Court of Appeals · 1931

3Cited by4 opinions

  1. Pearson v. First National Bank of MartinsvilleIndiana Court of Appeals · 1980
  2. Hadjis v. AndersonCourt of Appeals of Maryland · 1970
  3. Giberson v. First Federal Savings & Loan Ass'n of WaterlooSupreme Court of Iowa · 1983
  4. In Re DenarioUnited States Bankruptcy Court, N.D. New York · 2001

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