Search for: "Wright v Meyers & Spencer, LLP"
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31 Dec 2009, 3:45 am
"Defendants met their initial burdens in part by establishing that plaintiffs failed to include any of their causes of action against defendants in their schedule of assets for their bankruptcy proceeding, that the causes of action for breach of contract, legal malpractice, breach of fiduciary duty and negligence accrued prior to the commencement of the bankruptcy proceeding, and that plaintiffs obtained a [*2]discharge in bankruptcy (see Wright v Meyers &… [read post]
12 Jul 2012, 2:52 am
The plaintiff showed, prima facie, that at the time of the filing of that petition the defendant knew or should have known of the existence of those causes of action, and the defendant failed to raise a triable issue of fact in opposition to that prima facie showing (see Wright v Meyers & Spencer, LLP, 46 AD3d 805; Hansen v Madani, 263 AD2d 881, 883; see also Whelan v Longo, 23 AD3d at 460). [read post]
