
    Travelers Casualty and Surety Company, as Successor to Aetna Casualty & Surety Company, Appellant-Respondent, v Stinnes Corporation, Respondent-Appellant.
    [700 NYS2d 818]
   —Order, Supreme Court, New York County (Charles Ramos, J.), entered February 22, 1999, which, on the court’s own motion, dismissed plaintiffs complaint, pursuant to CPLR 3001, for want of a justiciable controversy, unanimously affirmed, without costs.

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 AD2d 179, 182). Concur—Rosenberger, J. P., Ellerin, Wallach, Lerner and Andrias, JJ.  