The supreme court may render 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. If the court declines to render such a judgment it shall state its grounds. A party who has brought a claim for personal injury or wrongful death against another party may maintain a declaratory judgment action directly against the insurer of such other party, as provided in paragraph six of subsection (a) of section three thousand four hundred twenty of the insurance law.
§ 3001.Declaratory judgment
Article 30. Remedies and Pleading · Last amended 2009 · Last verified July 21, 2026
In one sentenceCPLR 3001 lets the Supreme Court settle the rights and legal relations of parties to a real dispute through a declaratory judgment, even without further relief, requires it to state its grounds if it declines, and lets an injured party sue the defendant's insurer directly.
Full Text of CPLR 3001
Plain-English Summary
Most lawsuits ask a court to award damages, order someone to act, or stop someone from acting. A declaratory judgment does something different: it settles what the parties' rights and legal relations are, with the force of a final judgment, whether or not either side is also asking for damages or an injunction. CPLR 3001 gives the Supreme Court that power.
The catch is that the dispute has to be real. The statute requires a justiciable controversy — an actual disagreement with concrete stakes for the parties, not a hypothetical question or a request for the court's opinion on what the law would say if certain facts arose. Courts use declaratory judgments to resolve insurance coverage disputes, disagreements over what a contract requires, and other situations where the parties need to know where they stand before anyone breaches an agreement or suffers a loss.
Because the remedy is discretionary, the court doesn't have to grant it just because someone asks. But CPLR 3001 doesn't let a court decline quietly — if it refuses to render a declaratory judgment, it must state its grounds for doing so, giving the parties (and any reviewing court) a record of why.
The section also carries a specific rule for personal injury and wrongful death cases: a party who has brought such a claim against someone else may bring a declaratory judgment action directly against that other party's insurer, as the insurance law separately provides. That lets an injured party get a court's answer on coverage without waiting to first win a judgment against the insured and then chase the insurer separately.
Frequently Asked Questions
How do I get a declaratory judgment in New York?
You bring an action in Supreme Court asking it to declare the rights and legal relations of the parties to a justiciable controversy; you don't have to also seek damages or another remedy for the court to decide the case.
What is a justiciable controversy required for a CPLR 3001 declaratory judgment?
It's a real, concrete dispute between the parties with actual legal stakes, as opposed to a hypothetical question or a request for an advisory opinion.
Can I sue an insurance company directly for a declaratory judgment in New York?
Yes, if you've brought a personal injury or wrongful death claim against the insured party, CPLR 3001 lets you maintain a declaratory judgment action directly against that party's insurer.
Does a New York court have to give reasons for refusing a declaratory judgment?
Yes. If the court declines to render a declaratory judgment, CPLR 3001 requires it to state its grounds for the refusal.
Can I get a declaratory judgment even if I'm not asking for damages?
Yes. CPLR 3001 authorizes a declaratory judgment on the parties' rights and legal relations whether or not further relief is or could be claimed.
What's the difference between a declaratory judgment and other civil relief in New York?
A declaratory judgment settles what the parties' legal rights and relations are and has the effect of a final judgment, without necessarily awarding damages, an injunction, or any other coercive remedy.
Advisory Committee Notes
This section is derived from CPA § 473 and RCP 212. Although the language of the section varies slightly from the two former provisions, no change in substance is intended. The words “justiciable controversy” have been added to codify existing case law. See, e.g., Goodman & Co. v New York Tel. Co. 309 NY 258, 128 NE2d 406 (1955); Bd. of Education v Van Zandt, 204 App Div 856, 197 NY Supp 899 (4th Dept 1922), affd 234 NY 644, 138 NE 481 (1923); see also, Borchard, Declaratory Judgments 29 et seq. (2d ed 1941).
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 2008, ch 388, § 1, eff Jan 17, 2009.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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