Practice point: Pursuant to CPLR 3001, the 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 shall
specify the rights and other legal relations on which a declaration is
requested, pursuant to CPLR 3017[b]. A motion to dismiss the complaint in an
action for a declaratory judgment presents for consideration only the issue of
whether a cause of action for
declaratory relief is set forth, not the
question of whether the plaintiff is entitled to a favorable declaration.
Student note: Where the cause of action is
sufficient to invoke the court's power to render a declaratory judgment, a motion to dismiss should be denied.
Case: DiGiorgio v. 1109-1113 Manhattan Ave. Partners, LLC, NY Slip Op 00172 (2d Dept. 2013).
Monday’s issue: A worker’s fall from a ladder.
