Liberatore v. Greuner

OPINION OF THE COURT

Alice Schlesinger, J.

This is a motion for summary judgment in an action involving claims of medical malpractice, conversion, and fraud. Defendant David Greuner seeks summary judgment, under CPLR 3212, arguing that plaintiff lacks standing, as her claims are assets of her chapter 7 bankruptcy trustee. Further, defendant argues that plaintiff’s medical malpractice and conversion claims are barred by the statute of limitations, and that her fraud claim must be dismissed as duplicative of the medical malpractice claim.

Background

When plaintiff Maria Angeles Liberatore met…