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Ithaca Textiles v. Waverly Lingerie Sales Co.

Court of Appeals of the State of New York
Nov 22, 1966
223 N.E.2d 34 (N.Y. 1966)
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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.
See 3 Summaries

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.

Summaries of

Ithaca Textiles v. Waverly Lingerie Sales Co.

Court of Appeals of the State of New York
Nov 22, 1966
223 N.E.2d 34 (N.Y. 1966)

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.

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 Thor Gallery at Beach Place, LLC v. Standard Parking Corp.

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 actually pending at the time of its commencement."

Summary of this case from Va. Sur. Ins. v. Morris Park Contr. Corp.
Case details for

Ithaca Textiles v. Waverly Lingerie Sales Co.

Case Details

Full title:ITHACA TEXTILES, INC., Appellant-Respondent, v. WAVERLY LINGERIE SALES…

Court:Court of Appeals of the State of New York

Date published: Nov 22, 1966

Citations

223 N.E.2d 34 (N.Y. 1966)
223 N.E.2d 34
276 N.Y.S.2d 624

Citing Cases

Va. Sur. Ins. v. Morris Park Contr. Corp.

Woolard v. Schaffer Stores Co., 272 N.Y. 304, 311 (1936). See also Ithica Textiles v. Waverly Lingerie Sales…

Uptown Healthcare Mgmt. Inc. v. Allstate Ins. Co.

The federal action, on the other hand, will resolve all issues in this declaratory action, as well as, all…

10 Citing Cases