April 25, 2026

Declaratory judgments

Pursuant to CPLR 3001, "[t]he supreme court may render a declaratory judgment . . . as to the rights and other legal relations of the parties to a justiciable controversy." The demand for relief in the complaint must specify the rights and other legal relations on which the declaration is requested, pursuant to CPLR 3017[b]. On a motion to dismiss the complaint, the issue is whether a cause of action for declaratory relief has been stated, not whether the plaintiff is entitled to a favorable declaration.

Cox v. First Citizens Bancshares, Inc., NY Slip Op 02388 (2d Dep't April 22, 2026)

Here is the decision.