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HUTCHINSON v. CHANA WELLER, DDS, PLLC

7112N, 13508/07.

93 A.D.3d 509 (2012)

940 N.Y.S.2d 248

2012 NY Slip Op 1875

DEBRA HUTCHINSON, Respondent, v. CHANA WELLER, DDS, PLLC, et al., Appellants.

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

Decided March 15, 2012.

"It is well settled that the failure to schedule a legal claim as an asset in a bankruptcy proceeding deprives the debtor of standing to raise it in a subsequent legal action" (Barranco v Cabrini Med. Ctr., 50 A.D.3d 281, 281-282 [2008]; see Gazes v Bennett, 38 A.D.3d 287 [2007]). Neither ignorance of the law nor inadvertent mistake excuses a plaintiff's failure to list such a claim as a...

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