Friday, February 3, 2017

Declaratory judgments.

Practice point:  A declaratory judgment is intended to declare the respective parties' legal rights based on a given set of facts, not to declare findings of fact. It is intended to serve a practical end in quieting or stabilizing an uncertain or disputed jural relation either as to present or prospective obligations.  It requires a justiciable controversy, in which the plaintiff has an interest sufficient to constitute standing to maintain the action. In addition, the controversy must involve actual prejudice to the plaintiff, not hypothetical, contingent, or remote prejudice.

Case:  Touro Coll. v. Novus Univ. Corp., NY Slip Op 00546 (1st Dep't January 26, 2017)

Here is the decision.

Monday's issue: Discovery sanctions.