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LIBERATORE v. GREUNER

4530, 162511/15.

153 A.D.3d 1207 (2017)

2017 NY Slip Op 06720

60 N.Y.S.3d 680

MARIA ANGELES LIBERATORE, Respondent, v. DAVID GREUNER, M.D., Appellant.

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

Decided September 28, 2017.

Plaintiff has standing to bring this action, as her claims against defendant were abandoned by the trustee as unliquidated and remaining unadministered assets of plaintiff's bankruptcy estate (see In re Furlong, 660 F.3d 81, 88 [1st Cir 2011]). The court also correctly found that plaintiff's claim of fraud is not duplicative of her medical malpractice claims, which were dismissed as untimely. Plaintiff's fraud claim alleges, not malpractice...

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