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AG SUPER FUND INTL. PARTNERS, L.P. v. WINTHROP REALTY TRUST

3800, 650865/15.

149 A.D.3d 629 (2017)

2017 NY Slip Op 03114

53 N.Y.S.3d 48

AG SUPER FUND INTERNATIONAL PARTNERS, L.P., et al., Appellants, v. WINTHROP REALTY TRUST, Respondent.

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

Decided April 25, 2017.

Plaintiffs seek a judgment declaring that a fee-shifting bylaw adopted by defendant is unenforceable. Supreme Court correctly determined that plaintiffs' challenge to the bylaw is not a justiciable controversy, because the applicability of the bylaw depends on a future event that is beyond the parties' control and may never occur (see New York Pub. Interest Research Group v Carey, 42 N.Y.2d 527

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