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LEON v. HIRSCH

228 A.D.2d 417 (1996)

643 N.Y.S.2d 420

Barry J. Leon et al., Appellants, v. Hal M. Hirsch et al., Defendants, and Eric C. Kurtzman et al., Respondents

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

June 3, 1996

Ordered that the order is affirmed, with costs.

Bankruptcy trustees may sue and be sued in State court, without leave of the appointing court, when the debtor represented by the trustee would have been a proper party to the action (see, 28 USC § 959; 11 USC § 323; Pereira v Phillips, 154 Misc.2d 155). However, when a trustee is sued personally for wrongful conduct...

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