American Home Assurance Co. v. Flushing Savings Bank

New York Court of Appeals

American Home Assurance Co. v. Flushing Savings Bank

420 N.E.2d 92, 52 N.Y.2d 1010, 438 N.Y.S.2d 294, 1981 N.Y. LEXIS 2240

CourtNew York Court of Appeals

DecidedFebruary 19, 1981

StatusPublished

Cited by1 cases

This text of 420 N.E.2d 92 (American Home Assurance Co. v. Flushing Savings Bank) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Home Assurance Co. v. Flushing Savings Bank, 420 N.E.2d 92, 52 N.Y.2d 1010, 438 N.Y.S.2d 294, 1981 N.Y. LEXIS 2240 (N.Y. 1981).

Pincite

Opinion

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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