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FRAMER v. McCARTHY

205 Misc. 921 (1954)

Walter H. Framer et al., Plaintiffs, v. Henry L. McCarthy, Individually and as Commissioner of The Department of Welfare of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

April 30, 1954.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Philip Sokol and Max H. Finkelberg of counsel), for defendant.

Benjamin C. Milner, Lester E. Denonn and Charles Rembar for plaintiffs.

SCHREIBER, J.

This is a motion before answer to dismiss the complaint for failure to state a good cause of action or on the ground that the court, in the exercise of its discretion, should refuse to entertain this action. The only question presented on such a motion is whether the case is a proper one for declaratory judgment. (Rockland Light & Power Co. v. City of New York, 289 N.Y. 45, 51...

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