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RIVERA v. MARKOWITZ

1147N, 22336/02

71 A.D.3d 449 (2010)

897 N.Y.S.2d 50

HAROLD RIVERA et al., Appellants, v. LEE MARKOWITZ et al., Respondents, et al., Defendants.

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

Decided March 9, 2010.

Plaintiffs Harold Rivera and Carolyn Rivera commenced this medical malpractice action in July 2002. Ms. Rivera filed a chapter 7 bankruptcy petition in October 2005 and received a discharge in February 2006. Mr. Rivera filed for bankruptcy in September 2006 and received a discharge in December 2006. Neither plaintiff scheduled this malpractice action as an asset in his or her bankruptcy filing.

The motion court properly...

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