ALLSTATE INS. CO. v. WILSON


23 Misc.2d 265 (1960)

Allstate Insurance Company, Plaintiff, v. Amos Wilson et al., Defendants.

Supreme Court, Special Term, Queens County.

March 21, 1960.


Attorney(s) appearing for the Case

Benjamin Metviner for Frank Apollo and others, defendants.

McCarthy & McGrath (Marshall D. Sweetbaum of counsel), for plaintiff.


CHARLES MARGETT, J.

This is a motion by the defendants Apollo to dismiss the complaint on the ground that there is another action pending between the same parties for the same cause and that, in any event, this court should, in its discretion, decline to take jurisdiction of the instant action for a declaratory judgment (Rules Civ. Prac., rule 212).

The moving parties sued the defendants Wilson and Moore to recover damages for personal injuries...

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