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MATHUS v. BOUTON'S BUSINESS MACHINES, INC.

3613, 603790/06.

78 A.D.3d 476 (2010)

910 N.Y.S.2d 644

KEITH MATHUS, Appellant, v. BOUTON'S BUSINESS MACHINES, INC., et al., Defendants, and CHRISTOPHER DESPIRITO et al., Respondents.

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

Decided November 16, 2010.

Plaintiff's failure to include the claims herein in his bankruptcy petition, when he knew or should have known of them at that time, deprives him of the legal capacity to sue herein (see Gray v City of New York, 58 A.D.3d 448 [2009], lv dismissed and denied 12 N.Y.3d 802 [2009], citing, inter alia, Whelan v Longo, 7 N.Y.3d 821 [2006...

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