What is the test for declaratory judgment in a personal injury action?
"New York", United States of America
The following excerpt is from Time Motor Sales, Inc. v. Property Clerk of Police Dept., City of New York, 123 Misc.2d 513, 473 N.Y.S.2d 711 (N.Y. Sup. Ct. 1984):
In an action for declaratory judgment, such as here, courts will not exercise their discretion and declare the rights of the parties unless all of the material facts and circumstances are fully developed. See Armstrong v. Onondaga Co. Water Dist., 31 A.D.2d 735, 297 N.Y.S.2d 95 (4th Dept.1968).
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