Neubeck v. McDonald

This action was reached for trial at a regular Equity Term of the court. The complaint asks for a declaratory judgment under section 473 of the Civil Practice Act. At the opening of the trial defendant moved to dismiss the plaintiff’s complaint upon the ground that the complaint does not state facts sufficient to constitute a cause of action.

*769Neither by section 473 of the Civil Practice Act nor by any authoritative decision has any limit been placed upon the power of the court to declare the legal rights or other legal relations of the parties to such an action. The phrase “ whether or not…