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