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RUBIN v. DUNCAN, FISH & VOGEL, L.L.P.

154131/15-2854, 2853, 2852.

148 A.D.3d 432 (2017)

2017 NY Slip Op 01646

49 N.Y.S.3d 396

MARGERY RUBIN, as Trustee of the RUBIN FAMILY REALTY TRUST et al., Respondents, v. DUNCAN, FISH & VOGEL, L.L.P., et al., Appellants.

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

Decided March 7, 2017.

The failure of the individual plaintiffs to schedule the instant claims as assets in their Chapter 11 bankruptcies bars their pursuit of those claims (Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 N.Y.2d 191 [1987]). It is immaterial that the bankruptcy court had actual knowledge of the existence of the claims (see Donaldson, Lufkin & Jenrette Sec. Corp. v Mathiasen, 207 A.D.2d 280

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