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NATIONWIDE ASSOCIATES, INC. v. EPSTEIN

24 A.D.3d 738 (2005)

809 N.Y.S.2d 118

NATIONWIDE ASSOCIATES, INC., Appellant, et al., Plaintiff, v. JULES A. EPSTEIN et al., Respondents, et al., Defendant.

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

December 27, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The failure of the plaintiff Nationwide Associates, Inc. (hereinafter Nationwide), to disclose any legal malpractice causes of action against the defendants in a prior bankruptcy proceeding deprived Nationwide of its legal capacity to sue on those causes of action (see Dynamics Corp. of Am. v. Marine Midland Bank-N.Y., 69 N.Y.2d 191 [1987]; Santori...

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