CONN. LIFE INS. v. SUPT. OF INS.


11 A.D.2d 403 (1960)

Connecticut General Life Insurance Company, Appellant, v. Superintendent of Insurance of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 17, 1960.


Attorney(s) appearing for the Case

Wilkie Bushby of counsel (John Mason Harding with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for appellant.

George K. Bernstein of counsel (Samuel A. Hirshowitz and Irving Galt with him on the brief; Louis J. Lefkowitz, Attorney-General, attorney), for respondent.

BOTEIN, P. J., RABIN and VALENTE, JJ., concur with BASTOW, J.; EAGER, J., dissents and votes to reverse in dissenting opinion.


BASTOW, J.

Plaintiff, a Connecticut life insurance company admitted to do business in this State, appeals from a judgment dismissing its complaint on motion of the defendant. The issue presented is posed in the prayer for relief in the complaint. Therein a declaratory judgment is sought that "the acquisition by plaintiff of a controlling stock interest in one or more fire or casualty insurance subsidiaries would...

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