(Download) "Miller v. Waldbaums Inc." by Queens County New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Miller v. Waldbaums Inc.
- Author : Queens County New York Supreme Court
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff commenced the within action on or about July 29, 1992, seeking monetary damages for personal injuries sustained on February 26, 1992 in an accident in which the plaintiff slipped and fell on the defendants premises. During the pendency of the action, plaintiff filed for bankruptcy, but apparently failed to list this lawsuit on her schedule of assets. On March 18, 2004, the court, (Hon. Alan LeVine), dismissed plaintiffs complaint, finding that, despite her knowledge of the instant action, plaintiff lacked standing to sue because she had failed to properly list the cause of action against the defendant as an asset of her bankruptcy estate. Subsequent to the dismissal, the plaintiff reopened the bankruptcy matter, and the bankruptcy trustee formally abandoned the within claim. On July 19, 2004, within six months following service of the order of dismissal with Notice of Entry on April 1, 2004, the plaintiff, in her individual capacity, recommenced the action against the defendant. Defendant now moves to dismiss, contending, inter alia, that plaintiff may not avail herself of the six-month tolling provision pursuant to C.P.L.R. §205(a).
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