Practice point: These two causes of action implicate different legal concepts involving different alleged harm and different
forms of relief. The purpose of the declaratory judgment action is to declare parties' rights and other legal relations in a
justiciable controversy, so as to stabilize their legal relationship. If the plaintiff is not
entitled to the declaration sought, the remedy is not a dismissal of the
complaint, but a declaration of the rights of the parties, whatever
those rights may be. By contrast, a breach of contract action calls upon the court
to determine questions of breach, liability, and, in the event of
liability, money damages. Although the prayers for relief are different
for declaratory judgment and breach of contract actions, both grounds
may be pursued by a plaintiff in a single complaint, as CPLR 3014 permits the pleading of alternative and inconsistent causes of
action.
Case: 159 MP Corp. v. Redbridge Bedford, LLC, NY Slip Op 00537 (2d Dep't January 31, 2018)
Here is the decision.
