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RESMAC 2 LLC v. MADISON REALTY CAPITAL, L.P.

5530, 5531, 5532, 601049/08, 50639/09.

86 A.D.3d 440 (2011)

927 N.Y.S.2d 328

2011 NY Slip Op 5876

RESMAC 2 LLC, Appellant, v. MADISON REALTY CAPITAL, L.P., et al., Defendants, and STEWART TITLE INSURANCE COMPANY, Respondent. (And a Third-Party Action.)

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

Decided July 7, 2011.

Plaintiff's failure to notify defendant of the adversary proceeding commenced in the bankruptcy court is not excused by the fact that defendant received notice of the pending litigation from another source (see Travelers Ins. Co. v Volmar Constr. Co., 300 A.D.2d 40, 43 [2002]). However, defendant did not establish that it was prejudiced by plaintiff's failure, and thus, pursuant to the...

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