Legal Opinion
Mizrahi v. Flaum
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 3 opinions
1Opinion of the Court
*590When the Bankruptcy Trustee, Kenneth P. Silverman, abandoned the instant legal malpractice claim at the conclusion of the bankruptcy proceedings, the claim immediately revested with the debtor, Jennifer Mizrahi (see 11 USC § 554; Guiffrida v Storico Dev., LLC, 60 AD3d 1286 [2009]; Culver v Parsons, 7 AD3d 931 [2004]). Thus, the Supreme Court providently exercised its discretion in granting that branch of Silverman’s motion which was to substitute Mizrahi as the plaintiff in his place (see CPLR 1003; JCD Farms v Juul-Nielsen, 300 AD2d 446 [2002]; see also Silverman v Flaum, 42 AD3d 447…
2Cases cited7 opinions
- JCD Farms, Inc. v. Juul-NielsenAppellate Division of the Supreme Court of the State of New York · 2002
- Culver v. ParsonsAppellate Division of the Supreme Court of the State of New York · 2004
- Guiffrida v. Storico DevelopmentAppellate Division of the Supreme Court of the State of New York · 2009
- Shahid v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Zenteno v. GeilsAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- Geltzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
- Schaal v. CGU InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- Schaal v. CGU InsuranceAppellate Division of the Supreme Court of the State of New York · 2012