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, explaining:
Barons’ declaratory judgment claim is dismissed because Barons has not identified a justiciable controversy as required by CPLR 3001. Instead, the declarations sought are duplicative of the aiding and abetting breach of fiduciary duty claim in this action and the discovery issues in the Special Proceeding. Whether Shapiro earned fees, made, or withheld payments, misused Barons’ confidential information, or mischaracterized revenues are facts that will be decided in connection with the aiding and abetting claim.
As Barons may obtain full and adequate relief in connection with its other claims, declaratory relief is not appropriate and the claim is dismissed without any need to declare the rights of either party. Barons may also conduct discovery in this action to establish its claims, further demonstrating why a declaration that Shapiro did not provide or misrepresented what documents exist is unwarranted. Barons’ request, in the alternative, for leave to replead is denied for failure to provide a proposed amended or supplemental pleading as required by CPLR 3025(b) or any specific information about the nature of the proposed claims.
(Internal quotations and citations omitted).