Declaratory judgment actions against the cityMay 6, 2017

Country-Wide Ins. Co. v. Dejean, 2017 NY Slip Op 30752(u)(Sup. Ct. NY Co. 2017)

I have not had to deal with one of these in awhile.  Also, unless you are sending out EUO letters within 60 days of the loss (C-wide is not), an action for the failure to attend an EUO will plainly not lie against NYC.  I also tend to wonder if a DJ action that fails to allege with some type of factual allegation that the letters are timely relative to the billing has even stated a cause of action.

This case is interesting because the acts forming the loss occurred in Brooklyn.  The insurance carrier is based out of NY County.  The city tries to apply the portion of the unconsolidated law mandating that venue lie in the county where the activities occurred underlying the cause of action.  The Court here correctly held that since this is a breach of contract action and the breach occurred in Manhattan, jurisdiction is properly laid in New York County.

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