Legal Opinion · Dissent
Nicke v. Schwartzapfel Partners, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2017No. 2014-04387Published
1Dissent
Billion, J.P.,
dissents, and votes to affirm the order insofar as appealed from, with the following memorandum: The underlying facts of this case are not in dispute. In May 2004, the plaintiff Theresa Nicke (hereinafter the injured plaintiff) allegedly was injured in an automobile accident. In August 2004, she and her husband, Fred C. Nicke, filed for Chapter 13 bankruptcy protection (1978 Bankruptcy Code [11 USC] ch 13). The plaintiffs did not list their personal injury claim as a bankruptcy asset. In May 2005, the defendant Schwartzapfel Partners, PC., also known as Schwartzapfel Lawyers,…
2Cases cited12 opinions
- Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & WoodNew York Court of Appeals · 1992
- Landau, P.C. v. LaRossa, Mitchell & RossNew York Court of Appeals · 2008
- Estate of Schneider v. FinmannNew York Court of Appeals · 2010
- Quiros v. PolowAppellate Division of the Supreme Court of the State of New York · 1987
- Baer v. BroderAppellate Division of the Supreme Court of the State of New York · 1982
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