KRIEGER v. KRIEGER


25 N.Y.2d 364 (1969)

Benjamin Krieger, Respondent, v. Ethel Krieger et al., Appellants.

Court of Appeals of the State of New York.

Reargued October 2, 1969.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Richard T. Farrell for appellants.

Samuel Lawrence Brennglass and Lawrence H. Levinson for respondent.

Judges BURKE, BREITEL and GIBSON concur with Judge BERGAN; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge SCILEPPI concur.


BERGAN, J.

The function of the declaratory judgment has commonly been understood by the profession to be to determine justiciable controversies between parties which either are not yet ripe for adjudication by conventional forms of remedy, or which, for other reasons, are not conveniently amenable to the usual remedies. Underlying the policy which sanctions the use of the action is the concept that it will serve...

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