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ANDRIANI v. CZMUS

153 Misc.2d 38 (1992)

Dominick Andriani, Plaintiff, v. Akim F. Czmus, Defendant.

Supreme Court, New York County.

January 9, 1992

Attorney(s) appearing for the Case

Schiavetti, De Vito, Begos & Nicholson (David W. Sisskind of counsel), for defendant. Deegan & Scibilia (Frank A. Polacco of counsel), for plaintiff.

HELEN E. FREEDMAN, J.

The issue here is whether a plaintiff may continue an action in negligence after the defendant's discharge in bankruptcy if the potential recovery is limited to liability insurance coverage. Defendant Akim F. Czmus moves for leave to renew and reargue his prior motion to dismiss plaintiff Dominick Andriani's complaint pursuant to CPLR 3211 (a) (5), on the ground that defendant's liability...

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