De Camp v. 147 East 50th Street Corp.

In deciding this application, no wiser course can be pursued than to utilize the decision in Marine Lighterage Corp. v. Luckenbach S. S. Co. (139 Misc. 612, 614). There we read: “ Under section 473 of the Civil Practice Act, and rules 210 to 214, inclusive, of the Rules of Civil Practice no declaratory judgment is necessary or appropriate, since the legal relations of the parties are not doubtful and their precise rights are specifically and clearly prescribed by statutes of this State, long existent and uniformly upheld as valid and enforcible.”

Applying that principle to the lis sub judice,…