BARRY v. READY REFERENCE PUBL'G CO., INC.


25 A.D.2d 827 (1966)

John E. Barry, Respondent, v. Ready Reference Publishing Co., Inc., Appellant

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

May 10, 1966


Order, entered September 9, 1965, unanimously reversed, on the law, without costs and disbursements to any party, and motion to strike defenses and counterclaims denied, without costs.

Under the circumstances, the striking of the defendant's alleged defenses and counterclaims, without a determination on the merits, tends to defeat the proper purpose of this declaratory judgment action, namely, the complete and final settlement of the rights and legal relations of...

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