Legal Opinion
West v. Young
New York Supreme Court
Decided January 15, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Thomas F. Whelan, J.
It is ordered that this motion (#003) by the defendants for an *1031order granting them leave to amend their answer to assert the affirmative defense of lack of capacity to sue and for dismissal of the complaint pursuant to CPLR 3211 on that basis is considered under CPLR 3025 and 11 USC § 541 and is denied.
In this personal injury action, the plaintiff seeks the recovery of damages attributable to the personal injuries she sustained in a motor vehicle accident that occurred on August 2, 2006. Two and one-half weeks prior to the accident, the plaintiff filed…
2Cases cited36 opinions
- First Capital Asset Management, Inc. v. Satinwood, Inc.Court of Appeals for the Second Circuit · 2004
- William J. Crosby v. Monroe CountyCourt of Appeals for the Eleventh Circuit · 2004
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
- 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
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3Cited by1 opinion
- Chaput v. ScafidiSuperior Court of The Virgin Islands · 2017