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, explaining:

The first and second causes of action seeking declaratory relief are dismissed as duplicative. The plaintiff has an adequate, alternative remedy in another form of action, i.e. the third cause of action for breach of contract. Resolution of the breach of contact claim would necessarily require a determination of whether the defendant abided by the terms of the Agreements, provide full relief and a guide to the parties conduct going forward. The defendant proffers no persuasive argument or authority to the contrary.

(Internal quotations and citations omitted).

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