This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Form Declaratory Judgment Complaint In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
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FAQ
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 ...
How Long Are Judgments Valid in New York? Judgments are valid for 20 years and may be extended once for an additional period of 10 years. To extend a judgment for an extra ten (10) years, the Judgment Creditor must make written application to the court that issued the original judgment.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed. If the court declines to render such a judgment it shall state its grounds.
Declaratory judgment. The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
Verification. (a) Generally. A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged on information and belief, and that as to those matters he believes it to be true.
A summons with notice is a short form that simply establishes that a suit is started and the gist of what happened. A complaint, is a particularized statement of the alleged facts to give rise to a right for relief.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
More info
The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.The merits of the case, e.g. , to enter a judgment that disposes of some or all claims in the case in a certain way. Complaint for the Conversion of Property, Civil Pro Se Forms. A Practice Note describing the requirements for a declaratory judgment action in New York under Civil Practice Law and Rules (CPLR) 3001. Complaint for Interpleader and Declaratory Relief. Demanded in the annexed complaint. Mr. Wachtel will petition the court on an expedited basis. For a declaratory judgment that the Guaranty is void, Plaintiff shall seek to amend the Complaint to add Guarantor as coplaintiff.