Legal Opinion
Hutchinson v. Weller
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2012PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered October 3, 2011, which, to the extent appealed from as limited by the briefs, denied defendants’ motions to dismiss *510the complaint based on lack of capacity to sue, unanimously affirmed, without costs.
“It is well settled that the failure to schedule a legal claim as an asset in a bankruptcy proceeding deprives the debtor of standing to raise it in a subsequent legal action” (Barranco v Cabrini Med. Ctr., 50 AD3d 281, 281-282 [2008]; see Gazes v Bennett, 38 AD3d 287 [2007]). Neither ignorance of the law nor inadvertent mistake…
2Cases cited5 opinions
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Whelan v. LongoNew York Court of Appeals · 2006
- Gazes v. BennettAppellate Division of the Supreme Court of the State of New York · 2007
- Barranco v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Gray v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- GREEN, DENNIS v. ASSOCIATED MEDICAL PROFESSIONALS OFAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. Associated Medical ProfessionalsAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. Associated Medical ProfessionalsAppellate Division of the Supreme Court of the State of New York · 2013
- Rubin v. HodesAppellate Division of the Supreme Court of the State of New York · 2026