New York Supreme Court January 4, 1933 (Cinema Corp. of America v. De Mille)

Shientag, J.

Judgment on the pleadings may be directed in an action for a declaratory judgment where it appears (1) that the action is one which the court in its discretion will entertain; (2) that no issue of fact is raised by the pleadings, and (3) that on the law plaintiff is entitled to the relief sought. All three conditions are here met.