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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. TIG INS. CO.

62 A.D.3d 859 (2009)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. TIG INSURANCE COMPANY et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Respondent and PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant. SEVILLE WATCH CORP., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2009.

Ordered that the appeals are dismissed as academic, without costs or disbursements.

"It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of persons which are actually controverted in a particular case pending before the tribunal" (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 713 [1980]). Courts are prohibited from rendering...

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