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BERRY v. RAMPERSAD

21 Misc.3d 851 (2008)

DELIA BERRY, Plaintiff, v. TREVOR P. RAMPERSAD, Individually and Custodial Engineer of P.S. 214, Defendant.

Supreme Court, Kings County.

October 2, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Stacey Mondschein of counsel), for defendant.

Goodstein & West, New Rochelle (Paula Johnson Kelly of counsel), for plaintiff.

OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

Defendant Trevor P. Rampersad moves for an order pursuant to CPLR 3025 (b), granting defendant leave to amend his answer herein to assert the affirmative defense that the plaintiff lacks capacity to sue and, pursuant to CPLR 3211 (a) (3), (5) and (7), as well as the Bankruptcy Code (11 USC § 541), dismissing the plaintiff's complaint for lack of standing and...

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