Opinion
November 27, 1959
Order so far as appealed from unanimously affirmed, without costs. The existence of another and adequate remedy in petitioner's action for declaratory judgment, decided herewith ( Nash v. Gay Apparel Corp., 9 A.D.2d 345) would render unavailable similar relief sought in this article 78 proceeding.
Concur — Botein, P.J., Rabin, M.M. Frank, Valente and Bergan, JJ. [ 11 Misc.2d 768.]