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AM. HOME ASSURANCE CO. v. FLUSHING SAV. BANK

52 N.Y.2d 1010 (1981)

American Home Assurance Company et al., Appellants, v. Flushing Savings Bank et al., Defendants, and Sackman-Gilliland Corporation, Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Robert L. Laufer, Jay Greenfield and Stephen D. D. Hamilton for appellants.

David B. Eizenman and Jerome M. Lasky for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

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 N.Y.2d 584). The existence of such a dispute necessarily must await the resolution of the underlying issues involving...

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