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Jos. H. Carter, Inc. v. Carter

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1954
283 App. Div. 858 (N.Y. App. Div. 1954)

Opinion

April 13, 1954.

Present — Dore, J.P., Cohn, Callahan, Breitel and Botein, JJ.;


Order and judgment unanimously affirmed, with costs. No opinion.


We concur in affirmance on the ground that the court should not be asked in the guise of an action for a declaratory judgment to give advice to these plaintiffs as to their legal rights in a situation which they deliberately created and which they knew was fraught with possibilities of litigation. [ 205 Misc. 192.]


Summaries of

Jos. H. Carter, Inc. v. Carter

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1954
283 App. Div. 858 (N.Y. App. Div. 1954)
Case details for

Jos. H. Carter, Inc. v. Carter

Case Details

Full title:JOS. H. CARTER, INC., et al., Appellants, v. JOSEPH H. CARTER, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 13, 1954

Citations

283 App. Div. 858 (N.Y. App. Div. 1954)