FLANDERS v. E.W. HOWELL CO., LLC

2018-10301. Index No. 706975/15.

193 A.D.3d 822 (2021)

143 N.Y.S.3d 687

2021 NY Slip Op 02276

Richard L. Flanders, Respondent, v. E.W. Howell Co., LLC, Appellant.

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

Decided April 14, 2021.


Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY ( Jamie Kuebler , Vito John Marzano , and Mario Castellitto of counsel), for appellant.

Mullaney & Gjelaj, PLLC, Forest Hills, NY (Pollack, Pollack, Isaac & DeCicco, LLP [ Brian J. Isaac and Michael H. Zhu ], of counsel), for respondent.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the defendant's motion for leave to amend its answer and for summary judgment dismissing the complaint is granted.

On July 6, 2012, the plaintiff filed a chapter 13 bankruptcy petition (see 1978 Bankruptcy Code [11 USC] ch 13) in the United States Bankruptcy Court for the District of New Jersey (hereinafter the bankruptcy court). On September 25, 2012, the bankruptcy...

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