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MEHLENBACHER v. SWARTOUT

289 A.D.2d 651 (2001)

734 N.Y.S.2d 290

CARL R. MEHLENBACHER et al., Appellants, v. TAMMY Y. SWARTOUT et al., Respondents.

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

Decided December 6, 2001.

Lahtinen J.

Plaintiff Carl R. Mehlenbacher (hereinafter plaintiff) was injured in a motor vehicle accident on September 20, 1994 and he and his wife, derivatively, commenced this action on September 17, 1997. Defendants served an answer and, during the course of discovery, became aware that plaintiff and his wife had filed a chapter 7 bankruptcy petition (11 USC § 701 et seq.) in June 1995 which did not list any possible claim relating to the September...

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