Summary
holding that "[t]he rule is clear that a declaratory judgment action should not be entertained if another action between the same parties raising the same issues was already pending . . .chronology is not the sole test to be applied in resolving . . . whether a declaratory judgment action should be entertained. Consideration must be given to the utility and necessity of a purely alternative remedy'."
Summary of this case from Gallery at Beach Place, LLC v. Standard Parking Corp.Opinion
Argued October 18, 1966
Decided November 22, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT W. SLOAN, J.
John W. Burke and Bernard M. Althoff for appellant-respondent.
S.S. Goldsmith for respondent-appellant.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.