Legal Opinion
Davidkin v. Rizzuto
New York Supreme Court
Decided February 6, 2017PublishedCited by 2 opinions
1Opinion of the Court
OPINION OP THE COURT
Edgar G. Walker, J.
Defendants’ motion seeking leave to amend their answer to assert the affirmative defense that the plaintiff lacks the legal capacity to sue pursuant to CPLR 3025 (b), deeming the answer served, and dismissing the plaintiff’s individual cause of action pursuant to CPLR 3211 (a) (3) is denied in its entirety.
On December 10, 2013 the plaintiff filed a voluntary petition under chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court, Eastern District of New York. This case arises out of a motor vehicle accident that occurred on…
2Cases cited11 opinions
- Everett v. JudsonSupreme Court of the United States · 1913
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- Flanagan v. Prudential-Bache Securities, Inc.New York Court of Appeals · 1986
- Majestic Star Casino, LLC v. Barden Development, Inc.Court of Appeals for the Third Circuit · 2013
- Burgess v. SikesCourt of Appeals for the Fifth Circuit · 2006
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3Cited by2 opinions
- Moncho v. MillerAppellate Division of the Supreme Court of the State of New York · 2021
- Moncho v. MillerAppellate Division of the Supreme Court of the State of New York · 2021