A sample of a summons with notice is attached. Each type of summons requires the defendant to serve a notice of appearance in the lawsuit.This Court has jurisdiction under CPLR 3001 because this action seeks a declaratory judgment over a justiciable controversy. 4. Declaratory judgments can be issued in both New Jersey and New York state courts or in federal court. What Are the Benefits of Declarations? This is an action for declaratory judgment pursuant to CPLR 3001. 2. Pending in the Supreme Court of the State of New York, New York County. 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. It is well established that "both federal and New York State law recognize the declaratory judgment exception articulated in the Restatement. It is well established that "both federal and New York State law recognize the declaratory judgment exception articulated in the Restatement.