v, Redbridge Bedford, LLC, 2019 NY Slip Op 03526 (May 7, 2019) ("159 MP Corp."), the New York Court of Appeals (New York's highest court) ruled that a commercial tenant may, in its lease, waive its right to bring a declaratory judgment action
with respect to the lease.
In this declaratory judgment action
arising out of a No-Fault suit, the Court rules that plaintiff's delay of 14 years in enforcing a judgment it obtained in 2001 does not toll the accumulation of interest at 2% per month, compounded, as per the Insurance Department regulations in effect at that time.
But, Davis said, if the court rules in the city's favor in the declaratory judgment action
, it may cause peopleto rethink filing suit.
Appellant also had standing to file its declaratory judgment action
with the circuit court pursuant to the Declaratory Judgment Act to seek a uniform standard for the Commission's application of the Comprehensive Land Use Plan.
Whereupon, ASG filed a second declaratory judgment action
seeking a determination that its 2014 lawsuit had tolled the running of a three-year zoning freeze on its property, which ASG had obtained in 2013 with the 'Approval Under the Subdivision Control Law Not Required' ('ANR') endorsement of a plan of ASG's land, and that, accordingly, the June 2015 Zoning Ordinance amendments remained inapplicable to the ASG land during the pendency of the 2014 action.
Hannah Lauck allowed Bryan Polli to intervene in a declaratory judgment action
filed by the insurance company for the club owner, even though the insurance company already won a default judgment that it did not owe coverage.
In response, Summit filed a declaratory judgment action
seeking a ruling on its obligation to pay beyond its policy limits.
commercial general liability (CGL) insurer brought a declaratory judgment action
against its information technology company insured and the hotel for which its insured performed IT services.
But the Jackson County Democratic Committee filed a declaratory judgment action
arguing that, under state law and the county charter, only the local party committees could select the candidates.<br />Byrn agreed.
Focus: Foreclosure Untimely Filing This appeal arises from a consolidated case consisting of two actions: (1) a foreclosure action brought by Wells Fargo Bank, N.A., against Amin Shaikh and Naheed Shaikh; and (2) a declaratory judgment action
brought by the Shaikhs against Wells Fargo asserting that Wells Fargo lacked the right to enforce the note and mortgage at issue in the foreclosure action.
To that end, Selective filed a declaratory judgment action
seeking a declaration that it owed no duty to defend.
Hyland's case and it did not file a declaratory judgment action
seeking a determination on the issue of the duty to defend or the duty to insure.