Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor
Commercial Case Notes / Declaratory Judgment

Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor

On October 7, 2026, the Second Department issued a decision in RMX Foods, Inc. v. Adelson, 2026 NY Slip Op. 05819, holding that a defendant that successfully obtained dismissal of a declaratory judgment cause of action was entitled to declaratory judgment in its favor . . . Continue reading Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor

Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment
Commercial Case Notes / Declaratory Judgment

Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment

On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no questions of fact, a court should issue a declaration when dismissing a cause of action for a declaratory judgment . . . Continue reading Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment

Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights
Commercial Case Notes / Declaratory Judgment / Statute of Limitation/Laches

Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights

On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory judgment claim did not start to run until the plaintiff learned that the defendant was repudiating the plaintiff’s rights . . . Continue reading Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership
Commercial Case Notes / Conversion/Trespass to Chattel / Declaratory Judgment / Statute of Limitation/Laches

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership


On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
Commercial Case Notes / Declaratory Judgment

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

On May 13, 2025, Justice Bannon of the New York County Commercial Division issued a decision in United States Tech. Communication Corp. v. Altice USA, Inc., 2025 NY Slip Op. 31803(U), dismissing a claim for a declaratory judgment as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

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