MILTON WEINSTEIN ASSOCIATES v. NYNEX CORPORATION


266 A.D.2d 138 (1999)

699 N.Y.S.2d 23

MILTON WEINSTEIN ASSOCIATES, Respondent, v. NYNEX CORPORATION, Formerly Known as NEW YORK TELEPHONE, Appellant.

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

Decided November 30, 1999.


Plaintiff's action to recover payment under a contingency-fee contract with defendant (the Agreement) may not properly be maintained in view of the failure of plaintiff's principal, Milton Weinstein, to disclose the existence of that Agreement in the context of his Bankruptcy Court proceeding. A debtor who fails to disclose property belonging to the bankrupt estate cannot later assert title to that property (see, Dynamics Corp. v Marine Midland Bank,

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