Legal Opinion
Williams v. Stein
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 2004PublishedCited by 8 opinions
1Opinion of the Court
*198Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 10, 2003, which granted defendants’ motion to dismiss the complaint for plaintiffs lack of capacity to sue, unanimously affirmed, without costs.
Whether the legal malpractice claim asserted in the complaint is viewed as having accrued prior to the filing of the bankruptcy petition, as the motion court held, or postpetition, as plaintiff contends, the claim is still the property of the bankrupt estate pursuant to the Bankruptcy Code (11 USC § 541 [a] [1], [7]), and may not be maintained by plaintiff in his individual…
2Cases cited4 opinions
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Jones v. Hyatt Legal Services (In Re Dow)United States Bankruptcy Court, S.D. Ohio · 1991
- In Re TomaioloUnited States Bankruptcy Court, D. Massachusetts · 1997
- Newport Acquisition Co. No. 1, L.L.C. v. Schiro (In Re C-Power Products, Inc.)United States Bankruptcy Court, N.D. Texas · 1998
3Cited by8 opinions
- Winick & Rich, P.C. v. Strada Design Associates, Inc. (In Re Strada Design Associates, Inc.)United States Bankruptcy Court, S.D. New York · 2005
- Wright v. Meyers & Spencer, LLPAppellate Division of the Supreme Court of the State of New York · 2007
- Mora v. Saint Vincent's Catholic Medical CenterNew York Supreme Court · 2005
- Edwards v. Siegel, Kelleher & KahnAppellate Division of the Supreme Court of the State of New York · 2006
- Barranco v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
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