Order, insofar as appealed from, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs.
An action for declaratory judgment may not be entertained where the relief sought (if the grounds therefor, legal or equitable, have merit) may be had in a pending action by way of defense. (Woollard v. Schaffer Stores Co., 272 N.Y. 304, 311; Civ. Prac. Act, § 1425.) The County Court of Westchester County has jurisdiction of an...
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