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WILLIAMS v. STEIN

6 A.D.3d 197 (2004)

775 N.Y.S.2d 255

LAWRENCE G. WILLIAMS, Appellant-Respondent, v. DENNIS L. STEIN et al., Respondents-Appellants.

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

April 6, 2004.

Whether the legal malpractice claim asserted in the complaint is viewed as having accrued prior to the filing of the bankruptcy petition, as the motion court held, or postpetition, as plaintiff contends, the claim is still the property of the bankrupt estate pursuant to the Bankruptcy Code (11 USC § 541 [a] [1], [7]), and may not be maintained by plaintiff in his individual capacity (In re Tomaiolo, 205 B.R. 10 [1997]; see also...

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