Opinion
June 5, 1990
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
Plaintiff hospital's professional malpractice action against defendants properly states a cause of action. Plaintiff's allegation that it sustained damages in the form of $322,140 in premiums paid as a result of defendants' procurement of worthless excess insurance is sufficient as a matter of law (see generally, 20 Appleman, Insurance Law Practice § 11276 [1980]).
Moreover, plaintiff's cause of action seeking declaratory judgment relief presents a justiciable controversy. Declaratory judgment is available under the circumstances presented because plaintiff has demonstrated that potential liability may extend into the coverage contracted for (see, e.g., Cabrini Med. Center v. KM Ins. Brokers, 142 A.D.2d 529, appeal dismissed 73 N.Y.2d 785; State Farm Fire Cas. Co. v. LiMauro, 103 A.D.2d 514, affd 65 N.Y.2d 369).
Concur — Murphy, P.J., Milonas, Ellerin, Wallach and Rubin, JJ.