January 6, 2023

A declaratory judgment action.

On a motion to dismiss for failure to state a cause of action, the only question is whether the plaintiff presents a case that invokes the court's jurisdiction to make a declaratory judgment, and not whether the plaintiff is entitled to a favorable declaration. 

General Ins. v. Piquion, NY Slip Op 07500 (1st Dep't December 29, 2022)

Here is the decision.