Opinion
May 21, 1957
Order denying defendants' motion to dismiss the complaint unanimously reversed, with $20 costs and disbursements to the appellants and the motion granted. An action on the policy is entirely adequate to serve plaintiff's need and purpose. An action for a declaratory judgment is neither necessary nor appropriate under the circumstances. Order denying defendants' motion for reargument. Appeal dismissed.
Concur — Peck, P.J., Botein, Frank, Valente and McNally, JJ.