Legal Opinion
German Masonic Temple Ass'n v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1938PublishedCited by 3 opinions
1Opinion of the CourtCohn, J.
We think that the Special Term properly dismissed the complaint upon the ground that it did not allege such special circumstances as to warrant a departure from the statutory procedure prescribed by Local Law No. 29 of the New York City Local *681Laws for 1935, sections 7 and 10, and Local Law No. 31 of the New York City Local Laws for 1936, sections 7 and 10, for testing out liability for the sales tax. A declaratory judgment will not be entertained “ where a full and adequate remedy is already provided by another well-known form of action.” (James v. Alderton Dock Yards, 256 N. Y. 298, 305;…
2Cases cited7 opinions
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Socony-Vacuum Oil Company, Inc. v. City of New YorkNew York Court of Appeals · 1936
- Young Men's Christian Association v. City of N.Y.New York Court of Appeals · 1938
- Matter of New York University v. TaylorNew York Court of Appeals · 1938
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3Cited by3 opinions
- Andersen v. City of New YorkNew York Supreme Court · 1939
- Sterling Bag Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- Empire City Subway Co. v. City of New YorkNew York Supreme Court · 1938