Hollandale Apartments & Health Club v. Bonesteel, 173 A.D.3d 55 (3d Dep’t 2019), presents an infrequently encountered instance where the Appellate Division sua sponte determined that plaintiff’s claims in its declaratory judgment action were neither justiciable nor reviewable, while holding defendant’s counterclaims, which were grounded in the same statutes as plaintiff’s claims, reviewable.
Background
Justiciability, CPLR 3001, a declaratory judgment requires a justiciable, ripe, genuine and nonacademic controversy: CPLR 3001 allows “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.”
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