AUTOMATIC BEDDING CORP. v. ORTNER


12 Misc.2d 1004 (1958)

Automatic Bedding Corp. et al., Plaintiffs, v. Arthur J. Ortner et al., Defendants.

Supreme Court, Special Term, Kings County.

March 17, 1958.


Attorney(s) appearing for the Case

Booth, Lipton & Lipton for Arthur J. Ortner and others, defendants.

Milton Kail for plaintiffs.


A. DAVID BENJAMIN, J.

Defendants move to dismiss the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that an action for declaratory judgment does not lie herein.

In substance, the complaint alleges that the defendant Arthur J. Ortner (hereinafter referred to as Ortner) and companies with which he was affiliated were indebted to plaintiffs to the extent of...

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