Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor
Commercial Case Notes / Declaratory Judgment

Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor

On January 24, 2024, the Second Department issued a decision in 88-18 Tropical Restaurante Corp. v. Utica First Ins. Co., 2024 NY Slip Op. 00289, holding that a motion to dismiss a claim for a declaratory judgment can be considered to be a motion for judgment on that claim in the defendant’s favor . . . Continue reading Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor

Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment
Commercial Case Notes / Declaratory Judgment / Setoff/Recoupment

Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment

On October 11, 2023, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2023 NY Slip Op. 33713(U), holding that a plaintiff cannot make a claim for setoff or recoupment, even if framed as a claim for declaratory judgment . . . Continue reading Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment

Declaratory Judgment Appropriate When a Decision Will Affect on the Parties’ Conduct
Commercial Case Notes / Declaratory Judgment

Declaratory Judgment Appropriate When a Decision Will Affect on the Parties’ Conduct

On August 23, 2023, Justice Crane of the New York County Commercial Division issued a decision in US Pony Holdings, LLC v. Fashion Footwear LLC, 2023 NY Slip Op. 32929(U), holding that a declaratory judgment claim was appropriate when it will affect the parties’ conduct . . . Continue reading Declaratory Judgment Appropriate When a Decision Will Affect on the Parties’ Conduct