Mehlenbacher v. Swartout
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Lahtinen J.
Appeal from an order of the Supreme Court (O’Shea, J.), entered September 15, 2000 in Tompkins County, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiff Carl R. Mehlenbacher (hereinafter plaintiff) was injured in a motor vehicle accident on September 20, 1994 and he and his wife, derivatively, commenced this action on September 17, 1997. Defendants served an answer and, during the course of discovery, became aware that plaintiff and his wife had filed a chapter 7 bankruptcy petition (11 USC § 701 et seq.) in June 1995 which did…
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