JOS. H. CARTER, INC. v. CARTER


283 A.D. 858 (1954)

Jos. H. Carter, Inc., et al., Appellants, v. Joseph H. Carter, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1954.


Order and judgment unanimously affirmed, with costs.

No opinion.

Dore and Callahan, JJ., concur in the following memorandum:

We concur in affirmance on the ground that the court should not be asked in the guise of an action for a declaratory judgment to give advice to these plaintiffs as to their legal rights in a situation which they deliberately created and which they knew was fraught with possibilities...

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