Legal Opinion
Ortiz v. New York Medical Group, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 2008Published
1Opinion of the Court
*510Order, Supreme Court, New York County (Alice Schlesinger, J.), entered October 11, 2007, which denied third-party defendant Kapit’s motion to dismiss the third-party complaint on the ground that third-party plaintiff New York Medical Group (NYMG) lacks capacity to sue, having been previously liquidated in bankruptcy, unanimously affirmed, without costs.
A liquidation proceeding is closed only when a final decree is entered (Seinfeld v Allen, 169 Fed Appx 47, 49 [2d Cir 2006]). NYMG knew of the claim against it by plaintiffs before the bankruptcy was closed, and cannot assert that it could not…
2Cases cited5 opinions
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Tedesco v. A.P. Green Industries, Inc.New York Court of Appeals · 2007
- Barranco v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Seinfeld v. AllenCourt of Appeals for the Second Circuit · 2006