TRAVELERS CASUALTY AND SURETY COMPANY v. STINNES CORPORATION


268 A.D.2d 302 (2000)

700 N.Y.S.2d 818

TRAVELERS CASUALTY AND SURETY COMPANY, as Successor to AETNA CASUALTY & SURETY COMPANY, Appellant-Respondent, v. STINNES CORPORATION, Respondent-Appellant.

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

Decided January 18, 2000.


Considering all of the circumstances of this case, we find that the dismissal of this declaratory judgment action for want of a justiciable controversy (see, CPLR 3001) constituted a provident exercise of discretion (see, Cox v J.D. Realty Assocs., 217 A.D.2d 179...

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