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COOGAN v. ED'S BARGAIN BUGGY CORP.

279 A.D.2d 445 (2001)

719 N.Y.S.2d 260

BERNARD COOGAN et al., Appellants, v. ED'S BARGAIN BUGGY CORP., Respondent.

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

Decided January 8, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in dismissing the complaint on the ground that the plaintiffs lacked the capacity to sue. "The Bankruptcy Code broadly defines the property of a debtor to include causes of action existing at the time of the commencement of the bankruptcy action" (Bromley v Fleet Bank, 240 A.D.2d 611; see also, 11 USC § 541 [a] [1]). Upon the filing...

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