Practice point: Generally, a declaratory judgment action is governed by the six-year catch-all statute of limitations of CPLR 213(1).
Students should note that if the action could have been brought in a different form, asserting a particular cause of action, the limitations period applicable to that cause of action will apply.
Case: Walter v. Starbird-Veltidi, NY Slip Op 08095 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.