Trager v. St. John's University

Appellate Division of the Supreme Court of New York

Trager v. St. John's University

116 A.D.3d 565, 983 N.Y.S.2d 722

Appellate Division of the Supreme Court of the State of New York·Decided April 17, 2014·Published

Opinion

— Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 11, 2013, which granted defendant’s motion to dismiss, unanimously affirmed, with costs.

The motion court did not abuse its discretion in dismissing this declaratory judgment action because it seeks to determine the rights of the parties upon the happening of a future event, defendant’s receipt of funds, that “is beyond the control of the parties and may never occur” (see New York Pub. Interest Research Group v Carey, 42 NY2d 527, 531 [1977]). Thus, a determination in this action would be merely advisory (see id.). Concur — Friedman, J.E, Sweeny, Andrias, Gische and Clark, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 11, 2013, which granted defendant’s motion to dismiss, unanimously affirmed, with costs.

The motion court did not abuse its discretion in dismissing this declaratory judgment action because it seeks to determine the rights of the parties upon the happening of a future event, defendant’s receipt of funds, that “is beyond the control of the parties and may never occur” (see New York Pub. Interest Research Group v Carey, 42 NY2d 527, 531 [1977]). Thus, a determination in this action would be merely advisory (see id.). Concur — Friedman, J.E, Sweeny, Andrias, Gische and Clark, JJ.

Trager v. St. John's University, 116 A.D.3d 565, 983 N.Y.S.2d 722 (N.Y. Ct. App. 2014).

Pincite

116 A.D.3d 565 (Trager v. St. John's University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related