Green v. Lassman

Felix 0. Benvenga, J.

Defendants Lassman and Lassman Co. move, pursuant to rule 114 of the Rules of Civil Practice for a dismissal of the first and second cause of action upon the defense of discharge in bankruptcy.

That the debts are dischargeable is not denied. That plaintiff had timely notice and actual knowledge of the bankruptcy proceedings, but failed and neglected to file his claims is admitted. Under the circumstances, the .debts are not exempt from discharge (U. S. Code, tit. 11, § 35; Shapiro v. Lubasch, 186 Misc. 182, 183).

Concededly, plaintiff was not listed as a creditor, but as a…