Home/New York Court of Appeals/Whelan v. Longo

Whelan v. Longo

855 N.E.2d 1165, 7 N.Y.3d 821, 822 N.Y.S.2d 751
New York Court of Appeals·Decided September 12, 2006·Published·Cited by 26 cases

Opinion

*822 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered on the ground that it is unnecessary. Plaintiff knew or should have known of the facts allegedly giving rise to the legal malpractice cause of action at the time she filed her February 2002 bankruptcy petition (see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191 [1987]). Thus, plaintiffs failure to disclose that cause of action in her bankruptcy petition deprived her of the legal capacity to sue in this action (id.).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

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Whelan v. Longo, 855 N.E.2d 1165, 7 N.Y.3d 821, 822 N.Y.S.2d 751 (N.Y. 2006).

855 N.E.2d 1165 (Whelan v. Longo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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