AM. INS. ASSN. v. CHU


64 N.Y.2d 379 (1985)

American Insurance Association et al., Appellants, v. Roderick Chu, as Commissioner of Taxation and Finance of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 21, 1985.


Attorney(s) appearing for the Case

Robert S. Smith and Shari L. Patrick for appellants.

Robert Abrams, Attorney-General (Richard G. Liskov, Robert Hermann and Peter H. Schiff of counsel), for Roderick Chu and another, respondents.

Andrew S. Fisher, Raymond C. Green and Harold L. Fisher for Martin A. Fischer and others, respondents.

Chief Judge WACHTLER and Judges JASEN, SIMONS and KAYE concur; Judge ALEXANDER taking no part.


MEYER, J.

The "justiciable controversy" upon which a declaratory judgment may be rendered requires not only that the plaintiffs in such an action have an interest sufficient to constitute standing to maintain the action but also that the controversy involve present, rather than hypothetical, contingent or remote, prejudice to plaintiffs. Because the controversies involved in the present action are not ripe for...

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