KOBBE v. McNAMARA


5 Misc.2d 741 (1948)

Max J. Kobbe, Plaintiff v. Joseph A. McNamara et al., Constituting the Municipal Civil Service Commission of the City of New York, Defendants.

Supreme Court, Special Term, New York County.

June 26, 1948.


Attorney(s) appearing for the Case

Albert B. Breslow for plaintiff.

John F. McGrath, Corporation Counsel (Robert E. Hugh of counsel), for defendants.


WILLIAM C. HECHT, J.

A motion to dismiss the complaint in a declaratory judgment action for insufficiency before answer presents for determination only the question whether a proper case for declaratory judgment is made out, not the question of whether plaintiff is entitled to the judgment demanded by him. (Rockland Light & Power Co. v. City of New York, 289 N.Y. 45, 50-51.)

The plaintiff seeks...

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