Topic: a motion to dismiss a declaratory judgment action prior to … · Go Syfert
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Topic #21181

3 canonical passages across 2 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Staver Co. v. Skrobisch.

#Case FlagCanonical passage Citers
1 Staver Co. v. Skrobisch Anchor
nyappdiv · 1988
green “a motion to dismiss a declaratory judgment action prior to the service of an answer presents for consideration only the issue of whether a cause of action for declaratory relief is set forth, not the question of whether the plaintiff is entitled to a favorable declaration” 10
2 Staver Co. v. Skrobisch
nyappdiv · 1988
green “presents for consideration only the issue of whether a cause of action for declaratory relief is set forth, not the question of whether the plaintiff is entitled to a favorable declaration” 6
3 Tilcon New York, Inc. v. Town of Poughkeepsie
nyappdiv · 2011
green “factual issues such that the rights of the parties cannot be determined as a matter of law, a declaration upon a motion to dismiss is not permissible” 4

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