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GOLDSMITH v. GOLDSMITH

25 A.D.2d 515 (1966)

Patrick D. Goldsmith, by Edward S. Blackstone, His Guardian ad Litem, Respondent, v. Stuart M. Goldsmith, Appellant, et al., Defendant

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

February 15, 1966

Order, entered March 30, 1965, unanimously reversed, on the law, with $50 costs and disbursements to the defendant, and motion of the defendant-appellant to dismiss the complaint granted, with $10 costs.

The complaint does not show the existence of a bona fide justiciable controversy. Absent such showing, the court should not take jurisdiction of the action. (See Red Robin Stores v. Rose, 274 App. Div. 462; Robert...

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