Legal Opinion
Premier Restorations of New York Corp. v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2015No. 2014-06725PublishedCited by 5 opinions
1Opinion of the Court
In a declaratory judgment action, the plaintiff appeals from an order of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated June 13, 2014, which granted the defendant’s motion pursuant to CPLR 3211 (a) (7) and CPLR 3001 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
An action for a declaratory judgment must be supported by the existence of a justiciable controversy (see CPLR 3001; Long Is. Light. Co. v Allianz Underwriters Ins. Co., 35 AD3d 253 [2006]; Tri-State Sol-Aire Corp. v County of Nassau, 156 AD2d 555 [1989]). There must be a genuine, concrete…
2Cases cited7 opinions
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
- Chanos v. Madac, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Waterways Development Corp. v. LavalleAppellate Division of the Supreme Court of the State of New York · 2006
- Long Island Lighting Co. v. Allianz Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- Matter of B.Z. Chiropractic, P.C. v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Prisoners' Legal Servs. of N.Y. v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Prisoners' Legal Servs. of N.Y. v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of 22-50 Jackson Ave. Assoc., L.P. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Hargraves v. City of Rye Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2018