E. I. DU PONT DE NEMOURS & CO. v. RUSSO


84 A.D.2d 532 (1981)

E. I. Du Pont de Nemours and Company, Appellant, v. John Russo et al., Respondents, et al., Defendant

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

October 5, 1981


Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements payable to defendants Russo and Poe.

Special Term properly dismissed the declaratory judgment action as the "matter in dispute can be determined in the basic negligence action". (See Nationwide Mut. Ins. Co. v Dennis, 14 A.D.2d 188, 189.) There is an action between the parties herein pending in the United States District Court for the Eastern...

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