South Liberty Partners, L.P. v. Town of Haverstraw
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*957To determine the limitations period applicable to a declaratory judgment action, “the court must ‘examine the substance of that action to identify the relationship out of which the claim arises and the relief sought’ ” (Matter of Save the Pine Bush v City of Albany, 70 NY2d 193, 202 [1987], quoting Solnick v Whalen, 49 NY2d 224, 229 [1980]). “[I]f the claim could have been made in a form other than an action for a declaratory *958judgment and the limitations period for an action in that form has already expired, the time for asserting the claim cannot be extended through the simple expedient of…
2Cases cited14 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
- Press v. County of MonroeNew York Court of Appeals · 1980
9 more not listed; retrieve them via the Exa API.
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- Westhampton Beach Associates, LLC v. Incorporated Village of Westhampton BeachAppellate Division of the Supreme Court of the State of New York · 2017
- Global Revolution TV v. Thames St Lofts, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Town of Southampton v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2012
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