Jos. H. Carter, Inc. v. Carter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment unanimously affirmed, with costs. No opinion. Present — Dore, J. P., Cohn, Callahan, Breitel and Botein, JJ.; Dore and Callahan, JJ., concur in the following memorandum: We concur in affirmance on the ground that the court should not be asked in the guise of an action for a declaratory judgment to give advice to these plaintiffs as to their legal rights in a situation which they deliberately created and which they knew was fraught with possibilities of litigation. [205 Misc. 192.]'
2Cases cited1 opinion
- Jos. H. Carter, Inc. v. CarterNew York Supreme Court · 1953
3Cited by5 opinions
- In re the Arbitration between Burkin & KatzAppellate Division of the Supreme Court of the State of New York · 1955
- Lasker v. MoreidaNew York Supreme Court · 1963
- In re the Arbitration between Burkin & KatzNew York Court of Appeals · 1956
- Automatic Bedding Corp. v. OrtnerNew York Supreme Court · 1958
- Vacuumatic Ltd. v. Vacuumatic North America, Inc.Appellate Division of the Supreme Court of the State of New York · 1960