Horvath v. Gumley Haft Kleier Inc.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered December 4, 2014, which denied defendant Eltech Industries, Inc.’s motion to amend its answer to assert the affirmative defenses of lack of capacity to sue and judicial estop-pel, and to dismiss the complaint based on those defenses, unanimously reversed, on the law, without costs, and the motion granted.

On October 26, 2009, plaintiff filed a chapter 13 petition in the U.S. Bankruptcy Court for the District of New Jersey. Eleven months later, on September 15, 2010, plaintiff sustained an injury due to the alleged negligence of…