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.
File For Declaratory Judgment In Kings
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State:
Multi-State
County:
Kings
Control #:
US-000299
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Word;
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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.
It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
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.
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 ...
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.
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.
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 ...
The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00.
If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgmentfor the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office.
To get started you can use the Supreme Court Adult Name Change Petition Program to change your name. The adult name change form is used to ask (or “petition”) the NY State Supreme Court to change your name. The petition (court paper) may be filed in the Supreme Court in the county where the person lives.
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Instructions: Fill in the name of each party to the action or proceeding, one name per line. Courts have traditionally held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination.Declaratory Judgment Act did not apply to Tucker Act litigation. Courts E-Filing System (hereinafter referred to as "NYSCEF") implemented in the Kings. On June 27, 2008, King requested to use the internet for legal research to prepare a declaratory judgment action against MSOTC which King filed in Cole. Plaintiffs brought a declaratory judgment action claiming fee title to or easement over the land it occupies based upon a claim of adverse possession. The municipality shall publish notice of its filing of a declaratory judgment action in a newspaper of general circulation within the municipality and. Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this packet and sign it in the presence of a Deputy Clerk or Notary Public. Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. . . . the Court of King's Bench has an inherent jurisdiction to control all inferior tribunals, not in an appellate capacity, but in a supervisory capacity .