5 New York Civil Practice: CPLR P 3001.00

Summary

CPLR 3001 provides the statutory basis in New York for declaratory judgment actions. It authorizes the court to enter a declaratory judgment, in addition to any other relief that may be available, declaring the rights and obligations of the parties to a justiciable controversy. This means that the controversy must be ripe and actual. It is often said that a declaratory judgment is not available to provide an advisory opinion. Thus, the parties to the action must be those that are actually involved in the controversy, and the issues to be resolved must be real; they cannot be of mere academic interest.

In 2008, CPLR 3001 was amended to permit a plaintiff in a personal injury or wrongful death action to commence a simultaneous declaratory judgment action against the defendant’s insurer, under certain circumstances.

The availability of declaratory judgment, however, does permit one who has financial exposure or other risk in a contractual dispute, for example, to seek declaratory relief ...