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WARFIELD v. TERRY

242 A.D.2d 393 (1997)

661 N.Y.S.2d 1006

Kimberly Warfield, Individually and as Administrator of The Estate of David B. Warfield, Jr., Deceased, Appellant, v. John E. Terry et al., Respondents

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

August 14, 1997

Cardona, P. J.

In this wrongful death action, we previously withheld decision concerning the propriety of Supreme Court's grant of defendant John E. Terry's motion for summary judgment dismissing the complaint against him because he had filed a chapter 7 bankruptcy petition (11 USC) which resulted in an automatic stay of plaintiff's appeal with respect to him (238 A.D.2d 765). John Terry has now obtained a discharge...

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