Whelan v. Longo, 7 N.Y.3d 821

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered on the ground that it is unnecessary. Plaintiff knew or should have known of the facts allegedly giving rise to the legal malpractice cause of action at the time she filed her February 2002 bankruptcy petition (see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191 [1987]). Thus, plaintiffs failure to disclose that cause of action in her bankruptcy petition deprived her of the legal capacity to sue in this action (id.).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

Case Details

Case Name: Whelan v. Longo

Court Name: New York Court of Appeals

Date Published: Sep 12, 2006

Citations: 7 N.Y.3d 821; 855 N.E.2d 1165; 822 N.Y.S.2d 751

Court Abbreviation: N.Y.