BEST v. METLIFE INS. CO.


7 Misc.3d 242 (2004)

793 N.Y.S.2d 682

In the Matter of EUGENE BEST et al., Plaintiffs, v. METLIFE AUTO AND HOME INSURANCE COMPANY, Defendant. EUGENE BEST et al., Plaintiffs, v. BETTER HOMES DEPOT, INC., Defendant.

Supreme Court, Richmond County.

December 16, 2004.


Attorney(s) appearing for the Case

Gallagher, Walker & Bianco, Mineola, for defendants.

Peter M. McCabe, New York City, for plaintiffs.


OPINION OF THE COURT

ERIC N. VITALIANO, J.

The matter submitted for decision presents squarely a question novel to New York state courts: where a cause of action accrues either before or during the pendency of a bankruptcy proceeding brought by the plaintiff, does the cause of action survive bankruptcy and the plaintiff maintain legal capacity to sue on it where that underlying cause of action is neither asserted...

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