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REYNOLDS v. BLUE CROSS OF NORTHEASTERN NEW YORK, INC.

210 A.D.2d 619 (1994)

620 N.Y.S.2d 164

Roberta Reynolds et al., Respondents, v. Blue Cross of Northeastern New York, Inc., et al., Appellants, et al., Defendant

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

December 8, 1994

Mikoll, J. P.

Plaintiffs commenced an action against defendants to recover for personal injuries sustained by plaintiff Roberta Reynolds in an automobile accident. Thereafter plaintiffs filed a voluntary chapter 7 bankruptcy petition pursuant to the US Bankruptcy Code (11 USC § 701 et seq.).

Defendants filed a motion to dismiss the action pursuant to CPLR 3211 (a) (3), claiming that plaintiffs lacked the capacity to sue because of...

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