Shapiro v. Nulife Garments Co.
This text of 270 A.D. 121 (Shapiro v. Nulife Garments Co.) 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.
Opinion
Before granting a declaratory judgment the court must be convinced it will serve some practical purpose by disposing of real controversies and stabilizing disputed legal relations (Wardrop Co., Inc., v. Fairfield Gardens, Inc., 237 App. Div. 605). From the allegations of this complaint, it is impossible to determine whether what plaintiffs call “ ladies ’ girdles ” will when designed, fashioned and manufactured by plaintiffs come within the category of “ special belts ” or “ health belts ” prohibited by the contract. The complaint presents no defined issue or real controversy.
The order denying defendant’s motion to dismiss the complaint should be reversed, with $20 costs and disbursements, and the motion granted.
Martin, P. J., Townley, Glbnnon, Dore and Cohn, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.
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Cite This Page — Counsel Stack
270 A.D. 121, 58 N.Y.S.2d 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-nulife-garments-co-nyappdiv-1945.