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GUIBORD v. GUIBORD

2 A.D.2d 34 (1956)

Philip A. Guibord, Respondent, v. Jean Guibord, Also Known as Jean Parker, et al., Appellants

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

June 26, 1956.

Attorney(s) appearing for the Case

Vivian Flamhaft for appellants.

Benjamin D. Fernbach for respondent.

PECK, P. J., BREITEL, VALENTE and BERGAN, JJ., concur.

FRANK, J.

This is an action for a declaratory judgment. The remedy, being essentially discretionary, the authority of each case must necessarily depend upon the facts therein presented (Engel v. Engel, 275 App. Div. 14, 17).

The defendants appeal from an order denying their motion to dismiss the complaint (Rules Civ. Prac., rule 106, subd. 4; rule 107, subd. 4). The plaintiff and the defendant Jean...

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