Warfield v. Terry

Appeals (1) from an order of the Supreme Court (Mugglin, J.), entered April 16, 1996 in Delaware County, which granted defendants’ motions for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.

In this wrongful death action, we previously withheld decision concerning the propriety of Supreme Court’s grant of defendant John E. Terry’s motion for summary judgment dismissing the complaint against him because he had filed a chapter 7 bankruptcy petition (11 USC) which resulted in an automatic stay of plaintiffs appeal with respect to him (238 AD2d 765). John…