On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory judgment claim as duplicative of a breach of contract claim, explaining:
A cause of action for a declaratory judgment is unnecessary and inappropriate when the plaintiff has an adequate, alternative remedy in another form of action, such as breach of contract. That is, It is well settled that a declaratory judgment action should be not be entertained where it parallels a breach of contract claim, and merely seeks a declaration of the same rights and obligations. That is the case here. Therefore, the branch of Windermere’s motion seeking summary judgment dismissing
(Internal quotations and citations omitted).
the third cause of action is granted.