Opinion
November 16, 1990
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Dillon, P.J., Callahan, Green, Pine and Balio, JJ.
Order unanimously affirmed with costs. Memorandum: Because plaintiffs have demonstrated that the damages might well reach into the excess coverage, a declaratory judgment action is the appropriate vehicle to determine whether coverage exists under the State Farm policy (see, State Farm Fire Cas. Co. v. LiMauro, 103 A.D.2d 514, 518, affd. 65 N.Y.2d 369; Hollander v. Nationwide Mut. Ins. Co., 60 A.D.2d 380, 383, lv. denied 44 N.Y.2d 646; Post v. Metropolitan Cas. Ins. Co., 227 App. Div. 156, affd. 254 N.Y. 541). Plaintiffs, as the injured parties, have standing to commence this action (see, Reliance Ins. Co. v. Garsart Bldg. Corp., 122 A.D.2d 128, 131; Curreri v. Allstate Ins. Co., 37 Misc.2d 557). Moreover, although plaintiffs initially neglected to join Pamela Lautner as a defendant, Supreme Court properly granted plaintiffs' request to add her as a party defendant (see, CPLR 1001 [a]) so the case is now in the proper posture.