E. R. M. Realty Co. v. Thompson

Appellate Division of the Supreme Court of New York

E. R. M. Realty Co. v. Thompson

3 A.D.2d 994, 163 N.Y.S.2d 135, 1957 N.Y. App. Div. LEXIS 5192

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1957

StatusPublished

This text of 3 A.D.2d 994 (E. R. M. Realty Co. v. Thompson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. R. M. Realty Co. v. Thompson, 3 A.D.2d 994, 163 N.Y.S.2d 135, 1957 N.Y. App. Div. LEXIS 5192 (N.Y. Ct. App. 1957).

Pincite

Opinion

The complaint alleges a genuine, existent controversy between the parties to the lawsuit relating to specific subject matter that is in dispute. The controversy is justiciable, and it would appear that if it is not resolved through the medium of this declaratory judgment action, adequate relief may not [995]*995be obtainable through other existing forms of action. Accordingly, the complaint adequately alleged a cause of action for a declaratory judgment, and the order dismissing the complaint is unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Concur — Botein, J. P., Rabin, Frank, McNally and Bergan, JJ.

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The complaint alleges a genuine, existent controversy between the parties to the lawsuit relating to specific subject matter that is in dispute. The controversy is justiciable, and it would appear that if it is not resolved through the medium of this declaratory judgment action, adequate relief may not [995]*995be obtainable through other existing forms of action. Accordingly, the complaint adequately alleged a cause of action for a declaratory judgment, and the order dismissing the complaint is unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Concur — Botein, J. P., Rabin, Frank, McNally and Bergan, JJ.

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Bluebook (online)

3 A.D.2d 994, 163 N.Y.S.2d 135, 1957 N.Y. App. Div. LEXIS 5192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-r-m-realty-co-v-thompson-nyappdiv-1957.