Sagobel Development Corp. v. Cohen

Appellate Division of the Supreme Court of New York

Sagobel Development Corp. v. Cohen

281 A.D. 955, 120 N.Y.S.2d 300

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

DecidedApril 7, 1953

StatusPublished

This text of 281 A.D. 955 (Sagobel Development Corp. v. Cohen) 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

Sagobel Development Corp. v. Cohen, 281 A.D. 955, 120 N.Y.S.2d 300 (N.Y. Ct. App. 1953).

Pincite

Opinion

The facts alleged do not show any justiciable controversy existing between the parties requiring settlement of their jural relations by declaratory judgment at this time. If it should subsequently develop that there is a dispute between the parties which requires or warrants a declaratory judgment, the plaintiff may, upon proper allegations showing a dispute, institute another action should it be so advised. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Present — Peck, P. J., Cohn, Callahan and Breitel, Jj.

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The facts alleged do not show any justiciable controversy existing between the parties requiring settlement of their jural relations by declaratory judgment at this time. If it should subsequently develop that there is a dispute between the parties which requires or warrants a declaratory judgment, the plaintiff may, upon proper allegations showing a dispute, institute another action should it be so advised. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Present — Peck, P. J., Cohn, Callahan and Breitel, Jj.

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Bluebook (online)

281 A.D. 955, 120 N.Y.S.2d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagobel-development-corp-v-cohen-nyappdiv-1953.