Legal Opinion
Kobbe v. McNamara
New York Supreme Court
Decided June 26, 1948PublishedCited by 3 opinions
1Opinion of the CourtWilliam C. Hbcht, J.
A motion to dismiss the complaint in a declaratory judgment action for insufficiency before answer presents for determination only the question whether a proper case for declaratory judgment is made out, not the question of whether plaintiff is entitled to the judgment demanded by him. (Rockland Light & Power Co. v. City of New York, 289 N. Y. 45, 50-51.)
The plaintiff seeks a judgment declaring, among other things, that he was entitled to a preference as a disabled veteran under the Constitution of this State notwithstanding any contrary provisions which may be contained in the Military Law.…
2Cases cited13 opinions
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Keys v. LeopoldNew York Court of Appeals · 1925
- Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
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3Cited by3 opinions
- Donald A. Swan v. Board of Higher Education of the City of New York by Gustave G. Rosenberg, Its Chairman, George A. Pierson, and Margaret v. KielyCourt of Appeals for the Second Circuit · 1963
- Colodney v. New York Coffee & Sugar Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Martin v. RonanAppellate Division of the Supreme Court of the State of New York · 1977