ORTIZ v. NEW YORK MEDICAL GROUP, P.C.


55 A.D.3d 509 (2008)

MARGARET ORTIZ et al., Respondents, v. NEW YORK MEDICAL GROUP, P.C. et al., Defendants. NEW YORK MEDICAL GROUP, P.C., Third-Party Plaintiff-Respondent, v. ALLEN H. KAPIT, M.D., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

October 30, 2008.


A liquidation proceeding is closed only when a final decree is entered (Seinfeld v Allen, 169 Fed Appx 47, 49 [2d Cir 2006]). NYMG knew of the claim against it by plaintiffs before the bankruptcy was closed, and cannot assert that it could not have included as an asset in the bankruptcy estate the claim it possessed against third-party defendant Kapit (see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 N.Y.2d 191, 196...

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