ELMSFORD PROPS. v. DAITCH DAIRIES


27 Misc.2d 1063 (1961)

Elmsford Properties Corporation, Plaintiff, v. Daitch Crystal Dairies, Inc., et al., Defendants.

Supreme Court, Special Term, Westchester County.

February 24, 1961


Attorney(s) appearing for the Case

William Scott for plaintiff. Duggenheimer & Untermyer for defendant.


HUGH S. COYLE, J.

This is a motion by defendants pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice for judgment dismissing the complaint in the above-entitled action for a declaratory judgment, on the ground that plaintiff has an adequate remedy at law, and also under subdivision 3 of rule 107 of the said rules, on the ground that there is another action pending between the same parties for...

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