On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 30710(U), dismissing a declaratory judgment claim because other claims provided the relief sought . . . Continue reading Declaratory Judgment Claim Dismissed Because Other Claims Provided the Relief Sought
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
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
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
