[*1]
Seldon v Brody
2009 NY Slip Op 51352(U) [24 Misc 3d 130(A)]
Decided on July 1, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 1, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570340/09.

Philip Seldon, Plaintiff-Appellant,

against

Neil Brody, Kevin Pollack and Brody, Fabiani & Cohen, Defendants-Respondents.


Plaintiff, as limited by his brief, appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered July 30, 2008, which, upon reargument and renewal, adhered to its prior order granting defendants' motion for summary judgment dismissing the complaint pursuant to CPLR 3211(a)(3).


Per Curiam.

Order (Arthur F. Engoron, J.), entered July 30, 2008, affirmed, with $10 costs.

We agree that plaintiff lacked the legal capacity to maintain this action for conversion, where he failed to disclose the cause of action or the personal property at issue as an asset in his prior bankruptcy proceeding (see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191 [1987]; Whelan v Longo, 23 AD3d 459 [2005], affd 7 NY3d 821, 822 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 01, 2009