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“Unnecessary and Inappropriate”: The declaration no one wanted

By Viktoriya Liberchuk on September 7, 2018
Posted in Motions, Pleadings

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible.  In addition to the breach cause of action, you consider a declaratory judgment claim, right?  Wrong!   The Second Department has held time and time again that “[a] cause of action for a …

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