June 22, 2010

Motion practice.

Practice point: Pursuant to CPLR 3001, the supreme court may render a declaratory judgment as to the rights of the parties to a justiciable controversy.

Students should note that a justiciable controversy requires a real dispute, involving substantial legal interests for which a declaration of rights will have some practical effect.

Case: Chanos v. Madac, LLC, NY Slip Op 05350 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.