Legal Opinion
Kenney v. National Fuel Gas Distribution Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 2004PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered January 31, 2003. The order denied defendants’ motion to dismiss the complaint in a personal injury action.
It is hereby ordered that the order so appealed from be and the same hereby is affirmed with costs.
Memorandum: Supreme Court properly denied defendants’ motion to dismiss the complaint in this personal injury action for lack of capacity to sue. In support of the motion, defendants contended that plaintiff Margaret Kenney failed to disclose the action in her Chapter 13 bankruptcy schedule of assets, and…
2Cases cited5 opinions
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
- In Re Dawnwood Properties/78Court of Appeals for the Second Circuit · 2000
- In re of the Arbitration between Miller and BertiAppellate Division of the Supreme Court of the State of New York · 2003
- Giovinco v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2000
- Murray v. Board of Educ. of City of New YorkDistrict Court, S.D. New York · 2000
3Cited by4 opinions
- Edwards v. Siegel, Kelleher & KahnAppellate Division of the Supreme Court of the State of New York · 2006
- Nicke v. Schwartzapfel Partners, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- West v. YoungNew York Supreme Court · 2013
- Nicke v. Schwartzapfel Partners, P.C.Appellate Division of the Supreme Court of the State of New York · 2017