Rubel Corp. v. Boland

This is a motion by the New York State Labor Relations Board under rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a good cause of action and on the further ground that the court is without jurisdiction to grant the relief requested. The motion is based solely upon the face of the complaint and the allegations thereof must, therefore, be deemed true for the purpose of the application.

The basis of the motion is that the present action for a declaratory judgment will not lie because the sole remedy of the plaintiff is that provided for in section 707 of…