Samilow v. Keck

Appellate Division of the Supreme Court of New York

Samilow v. Keck

257 A.D. 1073, 14 N.Y.S.2d 600, 1939 N.Y. App. Div. LEXIS 9122

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

DecidedSeptember 20, 1939

StatusPublished

This text of 257 A.D. 1073 (Samilow v. Keck) 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

Samilow v. Keck, 257 A.D. 1073, 14 N.Y.S.2d 600, 1939 N.Y. App. Div. LEXIS 9122 (N.Y. Ct. App. 1939).

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Opinion

Action for a declaratory judgment. Plaintiff appeals from an order granting defendant’s motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendant to answer within ten days from the entry of the order hereon. On the pleaded facts, deemed admitted on the motion, the complaint states a cause of action for a declaratory judgment, and no adequate remedy at law is available to plaintiff. Lazansky, P. J., Adel and Taylor, JJ., concur; Hagarty and Johnston, JJ., dissent and vote to affirm on the ground that the plaintiff has an adequate remedy at law and there is no necessity for resorting to an action for a declaratory judgment.

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Action for a declaratory judgment. Plaintiff appeals from an order granting defendant’s motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendant to answer within ten days from the entry of the order hereon. On the pleaded facts, deemed admitted on the motion, the complaint states a cause of action for a declaratory judgment, and no adequate remedy at law is available to plaintiff. Lazansky, P. J., Adel and Taylor, JJ., concur; Hagarty and Johnston, JJ., dissent and vote to affirm on the ground that the plaintiff has an adequate remedy at law and there is no necessity for resorting to an action for a declaratory judgment.

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Bluebook (online)

257 A.D. 1073, 14 N.Y.S.2d 600, 1939 N.Y. App. Div. LEXIS 9122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samilow-v-keck-nyappdiv-1939.