Kugel v. Kalik

This is a motion to dismiss the complaint on the ground that the plaintiff, a receiver in supplementary proceedings of the property of one Schrein, does not possess legal capacity to sue because said Schrein is serving a sentence of imprisonment in a State prison for a term less than for life. Defendants claim that, since the prisoner’s civil rights are suspended during the term of the sentence, her disability to sue attaches to the plaintiff who derives title to her cause of action from her. The plaintiff was appointed receiver of Schrein’s property on the application of a judgment creditor…