Coogan v. Ed's Bargain Buggy Corp.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (J. Leone, J.), dated January 12, 2000, which, inter alia, granted the defendant’s motion pursuant to CPLR 3211 (a) (3) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in dismissing the complaint on the ground that the plaintiffs lacked the capacity to sue. “The Bankruptcy Code broadly defines the property of a debtor to include causes of action existing at the time of the commencement of the bankruptcy…