New York Court of Appeals
Alfred H. Newburger, Appellants v. Jacob J. Lubell, Respondent
November 17, 1931257 N.Y. 383
Summary
The New York Court of Appeals affirmed the Appellate Division's refusal to grant a declaratory judgment, holding that such relief is discretionary and unnecessary where ordinary legal actions are adequate. The court also held that filing a suit does not waive the parties' contractual right to arbitrate future disputes.