Hanover Bank v. Cole

Appellate Division of the Supreme Court of New York

Hanover Bank v. Cole

7 A.D.2d 713, 1958 N.Y. App. Div. LEXIS 3927

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

DecidedDecember 9, 1958

StatusPublished

Cited by1 cases

This text of 7 A.D.2d 713 (Hanover Bank v. Cole) 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.

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Hanover Bank v. Cole, 7 A.D.2d 713, 1958 N.Y. App. Div. LEXIS 3927 (N.Y. Ct. App. 1958).

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Opinion

The submission under sections 546 and 547 of the Civil Practice Act is unanimously dismissed, on the law and in the exercise of discretion, without costs. The remedy afforded by these sections does not dispense with the fundamental requirement of a justiciable controversy (167 [714]*714Greenwich Realty Co. v. Kehoe, 3 A D 2d 659; Johnson v. Flynn, 248 App. Div. 649). An examination of the stipulation and the briefs submitted reveals that all parties seek the identical relief. Moreover, the parties do not contend that there is a difficult or unusual legal point to be decided or that the trustee is hesitant to act. (Of. 3 J essup-Redfield, Surrogate’s Law and Practice [rev. ed.], § 2889; 90 C. J. S., Trusts, § 261, subd. e, p. 311 et seq.) Concur •—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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The submission under sections 546 and 547 of the Civil Practice Act is unanimously dismissed, on the law and in the exercise of discretion, without costs. The remedy afforded by these sections does not dispense with the fundamental requirement of a justiciable controversy (167 [714]*714Greenwich Realty Co. v. Kehoe, 3 A D 2d 659; Johnson v. Flynn, 248 App. Div. 649). An examination of the stipulation and the briefs submitted reveals that all parties seek the identical relief. Moreover, the parties do not contend that there is a difficult or unusual legal point to be decided or that the trustee is hesitant to act. (Of. 3 J essup-Redfield, Surrogate’s Law and Practice [rev. ed.], § 2889; 90 C. J. S., Trusts, § 261, subd. e, p. 311 et seq.) Concur •—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.

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7 A.D.2d 713, 1958 N.Y. App. Div. LEXIS 3927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanover-bank-v-cole-nyappdiv-1958.

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