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CARMELIA v. KELMANS

107548/07.

2008 NY Slip Op 51386 (U)

MARJORIE CARMELIA, Plaintiff, v. MILTON KELMANS, D.D.S., Defendant.

Supreme Court of the State of New York, New York County.

Decided June 16, 2008.

Attorney(s) appearing for the Case

Joshua A. Schulman, LLC, New York, NY, Attorney for Plaintiff.

Charles E. Kutner, LLP, New York, NY, Attorney for Defendant.

ALICE SCHLESINGER, J.

Plaintiff Marjorie Carmelia commenced this action for dental malpractice against defendant Milton Kelmans, DDS on or about May 30, 2007. Upon the completion of discovery, defendant moved for an order pursuant to CPLR §3211(a)(3) dismissing the action on the ground that plaintiff lacks the capacity to sue. Specifically, defendant contends that, because plaintiff failed to list the claim as an asset in her bankruptcy proceeding, the claim...

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