New York Court of Appeals
Rockland Light and Power Company, Respondent v. City of New York, Appellant
July 29, 1942289 N.Y. 45
Summary
The New York Court of Appeals affirmed the Appellate Division's order denying the defendant's motion to dismiss, holding that the plaintiff's complaint for a declaratory judgment sufficiently alleged a cause of action and that the plaintiff has an immediate right to file a claim for damages under the city’s administrative code. The court also explained the discretionary discretion to decline a declaratory judgment when the merits of the rights are not yet ripe.