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REYNOLDS v. BLUE CROSS

158 Misc.2d 859 (1993)

601 N.Y.S.2d 1014

Roberta Reynolds et al., Plaintiffs, v. Blue Cross of Northeastern New York, Inc., et al., Defendants.

Supreme Court, Schenectady County.

August 26, 1993

Attorney(s) appearing for the Case

Moran & Pronti, Clifton Park, for defendants. Frederick A. Partyka II, Amsterdam, for plaintiffs, and Friedman, Hirschen, Miller, Coughlin & Campito, P. C., Schenectady, for Forrest Reynolds, plaintiff, on counterclaim.

WILLIAM H. KENIRY, J.

This personal injury action arises out of a 1979 motor vehicle accident. The action was commenced in 1981. The most recent trial date of March 19, 1993 was adjourned by the court because defendants made a motion to dismiss the action, pursuant to CPLR 3211 (a) (3), on the ground that the plaintiffs, by reason of their having been discharged in bankruptcy in 1991, lack the legal capacity...

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