Legal Opinion

Gunn v. Mahoney

New York Supreme Court

Decided August 29, 1978PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Rudolph U. Johnson, J.

Defendant herein seeks an order pursuant to CPLR 3211 (subd [a], par 3) dismissing the plaintiff’s complaint upon the grounds that plaintiff has no legal capacity to sue.

Harold P. Bulan, as trustee in bankruptcy for William Gunn, seeks a denial of defendant’s motion and alternate *945relief of an order substituting himself as said trustee of plaintiff in the above-captioned action and allowing continuation of said action.

The plaintiff herein initiated a claim against the defendant for damages allegedly occurring as a result of defendant’s failure to…

2Cases cited21 opinions

  1. First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
  2. Meyer v. FlemingSupreme Court of the United States · 1946
  3. Cohn v. Lionel Corp.New York Court of Appeals · 1968
  4. Conklin v. DraperAppellate Division of the Supreme Court of the State of New York · 1930
  5. Johnson v. CollierSupreme Court of the United States · 1912

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3Cited by3 opinions

  1. Oppel v. Empire Mutual InsuranceDistrict Court, S.D. New York · 1981
  2. Purdy v. Pacific Automobile InsuranceCalifornia Court of Appeal · 1984
  3. Scarlett v. BarnesDistrict Court, W.D. Missouri · 1990

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