Legal Opinion
American Insurance Ass'n v. Chu
New York Court of Appeals
Decided February 21, 1985PublishedCited by 77 opinions
1Opinion of the Court
OPINION OF THE COURT
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 determination, the order of the Appellate Division should be modified by striking the declaration and dismissing the complaint and, as so modified, should be…
2Cases cited9 opinions
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- Alliance of American Insurers v. ChuNew York Court of Appeals · 1991
- Methodist Hospital v. State Insurance FundNew York Court of Appeals · 1985
- The Matter of Kevin B. Acevedo v. New York State Department of Motor Vehicles , The Matter of Michael W. Carney v. New York State Department of Motor Vehicles , The Matter of Caralyn A. Matsen v. New York State Department of Motor VehiclesNew York Court of Appeals · 2017
- Alliance of American Insurers v. CuomoCourt of Appeals for the Second Circuit · 1988
72 more not listed; retrieve them via the Exa API.