Legal Opinion
Berry v. Rampersad
New York Supreme Court
Decided October 2, 2008PublishedCited by 1 opinion
1Opinion of the Court
*852OPINION OF THE COURT
Francois A. Rivera, J.
Defendant Trevor E Rampersad moves for an order pursuant to CPLR 3025 (b), granting defendant leave to amend his answer herein to assert the affirmative defense that the plaintiff lacks capacity to sue and, pursuant to CPLR 3211 (a) (3), (5) and (7), as well as the Bankruptcy Code (11 USC § 541), dismissing the plaintiffs complaint for lack of standing and capacity to sue.
The plaintiff,1 Delia Berry, by her successor in interest, the trustee in bankruptcy, Gregory Messer, cross-moves for an order pursuant to CPLR 3025 (b), to amend the caption of the…
2Cases cited22 opinions
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Quiros v. PolowAppellate Division of the Supreme Court of the State of New York · 1987
- Ortega v. Bisogno & MeyersonAppellate Division of the Supreme Court of the State of New York · 2003
- Leszczynski v. Kelly & McGlynnAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by1 opinion
- Fausset v. Turner Constr. Co.Appellate Division of the Supreme Court of the State of New York · 2019