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GARCIA v. M V A I C

18 A.D.2d 62 (1963)

Carmen Garcia, an Infant, by Her Guardian ad Litem, Petra Garcia, et al., Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

March 5, 1963.

Attorney(s) appearing for the Case

Patrick J. Hughes of counsel (John N. Reid with him on the brief; Watters & Donovan, attorneys), for appellant.

Leon H. Gildin for respondents.

RABIN, J. P., STEVENS, EAGER and BASTOW, JJ., concur.

STEUER, J.

Defendant moved to dismiss the complaint in this action for a declaratory judgment. There has been some confusion as to the proper disposition of a motion to dismiss an action for this relief. Where on the stated facts no case is made out showing plaintiff has a right to a declaration at all, it is, of course, proper to grant the motion. The difficulty arises where a proper case for a declaration is set out but the particular

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