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WEST v. YOUNG

37896-08.

38 Misc.3d 1030 (2013)

958 N.Y.S.2d 282

2013 NY Slip Op 23011

TRACEY WEST, Plaintiff, v. EDWIN YOUNG et al., Defendants and Third-Party Plaintiffs. RJ HOLLENSTEIN et al., Third-Party Defendants.

Supreme Court, Suffolk County.

January 15, 2013.

Attorney(s) appearing for the Case

Mintzer, Sarowitz, Zeris , Hicksville, for defendants and third-party plaintiffs. Robert P. Tusa , Hauppauge, for third-party defendants. Ferro, Kuba, Mangano Sklyar, P.C., Hauppauge, for plaintiff.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

It is ordered that this motion (#003) by the defendants for an order granting them leave to amend their answer to assert the affirmative defense of lack of capacity to sue and for dismissal of the complaint pursuant to CPLR 3211 on that basis is considered under CPLR 3025 and 11 USC § 541 and is denied.

In this personal injury action, the plaintiff seeks...

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