This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Declaratory Judgment Statute Of Limitations In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000279
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FAQ
Declaratory Judgment – No general period of limitation in CPLR. Look to the underlying claim and the nature of the relief sought to determine the applicable time period. Otherwise, the six-year catch-all applies.
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if: A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.
A cause of action for conversion has a three-year statute of limitations (see CPLR 214 3) and accrues on the date the conversion takes place (see DiMatteo v Cosentino, 71 AD3d 1430, 1431 4th Dept 2010).
Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the “catch-all” provision of CPLR 2131 and gets six years as “an action for which no limitation is specifically prescribed by law.” That being the case, you assume your declaratory judgment cause ...
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
Depending on the type of case or procedure, New York's statutes of limitations generally range from one (1) year to six (6) years. The point at which the clock starts ticking is typically the date of the incident or discovery of a wrong.
CPLR 213 provides in pertinent part: "The fol- lowing actions must be commenced within six years: 1. an action for which no limitation is specifically prescribed by law ... . Id. Aside from its use as a "catch-all" provision, CPLR 213(1) is applied in actions seeking equitable relief.