Best v. MetLife Auto & Home Insurance

OPINION OF THE COURT

Eric N. Vitaliano, J.

*243The matter submitted for decision presents squarely a question novel to New York state courts: where a cause of action accrues either before or during the pendency of a bankruptcy proceeding brought by the plaintiff, does the cause of action survive bankruptcy and the plaintiff maintain legal capacity to sue on it where that underlying cause of action is neither asserted as an asset of the debtor’s estate nor the claim administered in the bankruptcy proceeding but the bankruptcy proceeding is administratively dismissed summarily by the Bankruptcy Court…