Luna v. North Shore University Hospital
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Bruce D. Albert, J.
Defendants’ application to amend the answers interposed so *804as to raise plaintiffs asserted lack of capacity as an affirmative defense, and, upon a grant of such amendment relief, for the summary dismissal of the action based thereon is denied without prejudice to renewal upon compliance with the court’s directive hereinbelow articulated.
The instant application is predicated upon plaintiffs failure to delineate the claims on which the underlying action is predicated in a proceeding she voluntarily initiated under chapter 7 of the United States Bankruptcy…
2Cases cited10 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Rizk v. CohenNew York Court of Appeals · 1989
- DeLarco v. DeWittAppellate Division of the Supreme Court of the State of New York · 1988
- Pinto v. AnconaAppellate Division of the Supreme Court of the State of New York · 1999
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