On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in HK Ventures LLC v. Hason, 2022 NY Slip Op. 50260(U), dismissing counterclaims seeking equitable relief because there was an adequate remedy at law, explaining:
The fifth counterclaim for a constructive trust, the sixth counterclaim for specific performance, and the eighth counterclaim for an injunction seek equitable relief. It is well-established under New York law that equity will not entertain jurisdiction where there is an adequate remedy at law. Irreparable injury, for purposes of equity, has been held to mean an injury for which money damages are insufficient. Thus, a constructive trust should not be imposed unless it is demonstrated that a legal remedy is inadequate. Specific performance will not be ordered when money damages would be adequate to protect the expectation interest of the injured party, and injunctive relief is not available to a party seeking money damages on a breach-of-contract claim. The first two counterclaims seek money damages, demonstrating that Hason has an adequate remedy at law. Accordingly, the fifth, sixth, and eighth counterclaims are dismissed.
The seventh counterclaim seeks a declaratory judgment. As a general rule, a court should not entertain an action for declaratory judgment when there is no necessity for doing so. A declaratory judgment action is generally appropriate only when a conventional form of remedy is not available. When alternative conventional forms of remedy are available, resort to an action for declaratory relief is generally unnecessary and should not be encouraged. It is unnecessary when, as here, an action at law for damages will suffice. Accordingly, the seventh counterclaim is dismissed.
(Internal citations omitted).