KENNEY v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION


8 A.D.3d 989 (2004)

778 N.Y.S.2d 352

MARGARET KENNEY et al., Respondents, v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION et al., Appellants.

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

June 14, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion to dismiss the complaint in this personal injury action for lack of capacity to sue. In support of the motion, defendants contended that plaintiff Margaret Kenney failed to disclose the action in her Chapter 13 bankruptcy schedule of assets, and that the action belonged to the bankruptcy estate. "...

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