Legal Opinion
Whelan v. Longo
New York Court of Appeals
Decided September 12, 2006PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question not answered on the ground that it is unnecessary. Plaintiff knew or should have known of the facts allegedly giving rise to the legal malpractice cause of action at the time she filed her February 2002 bankruptcy petition (see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191 [1987]). Thus, plaintiffs failure to disclose that cause of action in her bankruptcy petition deprived her of the legal capacity to sue in this action (id.).
Chief Judge Kaye and…
2Cases cited1 opinion
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
3Cited by26 opinions
- Dischiavi v. CalliAppellate Division of the Supreme Court of the State of New York · 2009
- Webber v. Scarano-OsikaAppellate Division of the Supreme Court of the State of New York · 2012
- Golden Jubilee Realty, LLC v. CastroAppellate Division of the Supreme Court of the State of New York · 2021
- Potruch & Daab, LLC v. AbrahamAppellate Division of the Supreme Court of the State of New York · 2012
- R. Della Realty Corp. v. Block 6222 Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
21 more not listed; retrieve them via the Exa API.