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BURTON v. 215 EAST 77TH ASSOCIATES

284 A.D.2d 122 (2001)

725 N.Y.S.2d 337

ROBERT J. BURTON, Appellant, v. 215 EAST 77TH ASSOCIATES et al., Defendants, and LENOX HILL HOSPITAL, Respondent.

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

Decided June 5, 2001.

The IAS court properly concluded that plaintiff lacked legal capacity to sue defendant hospital by virtue of his failure to schedule the tort claim against it, which arose prior to the close of his personal bankruptcy proceeding, within the bankruptcy proceeding (see, Dynamics Corp. v Marine Midland Bank-New York, 69 N.Y.2d 191; DeLarco v DeWitt, 136 A.D.2d 406). While plaintiff maintains...

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