Manufacturers & Traders Trust Co v. Bell

This is an action for a declaratory judgment pursuant to section 473 of the Civil Practice Act and is one of first impression. Counsel agree that this decision must rest upon an interpretation of the statute and that the salient facts are not in dispute.

Defendant moves for a dismissal of the complaint and asks for judgment on the pleadings. The question presented is the right of defendant to authorize the plaintiff to open and occupy a branch office at Nos. 2103-07 Main Street in the city of Niagara Falls. This is in addition to the one now occupied by plaintiff at the former location of the…