Mathus v. Bouton's Business Machines, Inc.

Appellate Division of the Supreme Court of New York

Mathus v. Bouton's Business Machines, Inc.

78 A.D.3d 476, 910 N.Y.S.2d 644

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 2010

StatusPublished

Cited by1 cases

This text of 78 A.D.3d 476 (Mathus v. Bouton's Business Machines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mathus v. Bouton's Business Machines, Inc., 78 A.D.3d 476, 910 N.Y.S.2d 644 (N.Y. Ct. App. 2010).

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Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about March 9, 2009, which denied plaintiffs motion for a default judgment and granted defendant Patrick Despirito’s cross motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs failure to include the claims herein in his bankruptcy petition, when he knew or should have known of them at that time, deprives him of the legal capacity to sue herein (see Gray v City of New York, 58 AD3d 448 [2009], lv dismissed and denied 12 NY3d 802 [2009], citing, inter alia, Whelan v Longo, 7 NY3d 821 [2006]). We have considered plaintiffs other arguments and find them unavailing. Concur — Gonzalez, P.J., Mazzarelli, Andrias, Nardelli and Richter, JJ.

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Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about March 9, 2009, which denied plaintiffs motion for a default judgment and granted defendant Patrick Despirito’s cross motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs failure to include the claims herein in his bankruptcy petition, when he knew or should have known of them at that time, deprives him of the legal capacity to sue herein (see Gray v City of New York, 58 AD3d 448 [2009], lv dismissed and denied 12 NY3d 802 [2009], citing, inter alia, Whelan v Longo, 7 NY3d 821 [2006]). We have considered plaintiffs other arguments and find them unavailing. Concur — Gonzalez, P.J., Mazzarelli, Andrias, Nardelli and Richter, JJ.

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Bluebook (online)

78 A.D.3d 476, 910 N.Y.S.2d 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathus-v-boutons-business-machines-inc-nyappdiv-2010.

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