Hyperlawhypertext legal databasebeta American Home Assurance Co. v. Flushing Savings Bank 52 N.Y.2d 1010

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American Home Assurance Co. v. Flushing Savings Bank

52 N.Y.2d 1010 Court N.Y. Decision date 1981-02-19 English

Contents

Majority

p. 1010
American Home Assurance Company et al., Appellants, v Flushing Savings Bank et al., Defendants, and Sackman-Gilliland Corporation, Respondent. (And a Third-Party Action.)
Argued January 5, 1981;
decided February 19, 1981
p. 1012
APPEARANCES OF COUNSEL
Robert L. Laufer, Jay Greenfield and Stephen D. D. Hamilton for appellants.
David B. Eizenman and Jerome M. Lasky for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The court below was correct in determining that there is no justiciable dispute between plaintiffs and the Sackman-Gilliland Corporation (see Prashker v United States Guar. Co., 1 NY2d 584 ). The existence of such a dispute necessarily must await the resolution of the underlying issues involving plaintiffs’ possible liability. Moreover, plaintiffs have failed to show any wrongful acts on the part of Sackman.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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