HELLEM v. MOTOR VEHICLE ACC. CORP.


18 Misc.2d 901 (1959)

Bessie Hellem, Plaintiff, v. Motor Vehicle Accident Indemnification Corporation, Defendant.

Supreme Court, Special Term, Sullivan County.

July 27, 1959.


Attorney(s) appearing for the Case

Alex J. Nirenberg for plaintiff.

Harrison, Coughlin, Dermody & Ingalls for defendant.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald of counsel), for State of New York.


HERBERT D. HAMM, J.

This is a motion under rule 106 of the Rules of Civil Practice to dismiss the complaint and "for such other, further or other relief as may be proper".

The general rule is that a complaint in a declaratory judgment action "should not be dismissed as insufficient merely because the facts alleged in the complaint show that the plaintiff is not entitled to a declaration of rights as the plaintiff claims them to be. The...

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