Appellate Division of the Supreme Court of New York, 1957

Balkan Demolition Co. v. Yorkshire Insurance

Balkan Demolition Co. v. Yorkshire Insurance
Appellate Division of the Supreme Court of New York · Decided May 21, 1957
3 A.D.2d 902; 162 N.Y.S.2d 675; 1957 N.Y. App. Div. LEXIS 5373
Balkan Demolition Co. v. Yorkshire Insurance

Opinion of the Court

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.

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