LONG ISLAND LIGHTING COMPANY v. ALLIANZ UNDERWRITERS INSURANCE COMPANY


35 A.D.3d 253 (2006)

826 N.Y.S.2d 55

LONG ISLAND LIGHTING COMPANY et al., Respondents, v. ALLIANZ UNDERWRITERS INSURANCE COMPANY et al., Defendants, and CONTINENTAL CASUALTY COMPANY, Appellant.

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

Decided December 14, 2006.


"The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed" (CPLR 3001). A declaratory judgment action thus "requires an actual controversy between genuine disputants with a stake in the outcome," and may not be used as "a vehicle for an advisory opinion" (Siegel, Practice Commentaries, McKinney's Cons...

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