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DANIELE LAUNDRIES, INC. v. JAYMONT LINEN SUPPLY, INC.

124 A.D.2d 694 (1986)

Daniele Laundries, Inc., et al., Plaintiffs, and Louise Daniele, Appellant, v. Jaymont Linen Supply, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1986

Ordered that the order is affirmed, without costs or disbursements.

The appellant lacked standing to institute this action since it is in the nature of a shareholder's derivative action which belongs to the estate of the bankrupt debtor corporation. Such a property right vests in the bankruptcy trustee (see, Hanover Ins. Co. v Tyco Indus., 500 F.2d 654), and, in fact, the trustee has already pursued and settled a claim...

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