Stacey Whelan vs. Lance Longo, No. 168 SSM 16 (N.Y. 2006)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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2 No. 168 SSM 16

Stacey Whelan, Appellant, v. Lance Longo, Respondent.

Submitted by Jeffrey Levitt, for appellant.

Submitted by Paul J. Israelson, for respondent.

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-New York, 69 NY2d 191 [1987]). Thus, plaintiff's failure to disclose that cause of action in her bankruptcy petition deprived her of the legal capacity to sue in this action (id.).

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered on the ground that it is unnecessary, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided September 12, 2006

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