New York Supreme Court January 8, 1941 (Muldoon v. Mid-Bronx Holding Corp.)

Hofstadter, J.

The plaintiffs may not move for summary judgment in an action for a declaratory judgment as such action is not one enumerated in rule 113 of the Rules of Civil Practice. *701(Lederer v. Wise Shoe Company, 276 N. Y. 459.) While the plaintiffs may move for summary relief on the counterclaim of the defendant also for a declaratory judgment, they have not done so on this application.