Opinion
January 20, 2000
Order, Supreme Court, New York County (Charles Ramos, J.), entered February 22, 1 999, which, on the court's own motion, dismissed plaintiff's complaint, pursuant to CPLR 3001, for want of a justiciable controversy, unanimously affirmed, without costs.
Arthur N. Lambert, for plaintiff-appellant-respondent.
Daniel M. Mandil, for defendant-respondent-appellant.
ROSENBERGER, J.P., ELLERIN, WALLACH, LERNER, ANDRIAS, JJ.
Considering all of the circumstances of this case, we find that the dismissal of this declaratory judgment action for want of a justiciable controversy (see, CPLR 3001) constituted a provident exercise of discretion (see, Cox v. J.D. Realty Assocs., 217 A.D.2d 179, 182).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.