2/4/2024 0 Comments Motion to dismiss new york![]() The 2016 bankruptcy proceeding was fully administered and closed in August 2016. As in the 2008 bankruptcy proceeding, she did not list the pending 2006 medical malpractice action as an asset in the 2016 bankruptcy proceeding. In April 2016, Vormnadiryan filed another petition for Chapter 7 bankruptcy (hereinafter the 2016 bankruptcy proceeding). The 2008 bankruptcy proceeding was fully administered and closed in December 2009. She did not list the pending 2006 medical malpractice action as an asset in the 2008 bankruptcy proceeding. In January 2008, while the 2006 medical malpractice action was pending, Vormnadiryan filed for Chapter 7 bankruptcy (hereinafter the 2008 bankruptcy proceeding). In February 2006, Yelena Vormnadiryan, and her husband suing derivatively, commenced a medical malpractice action against the defendant (hereinafter the 2006 medical malpractice action). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501). The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). ORDERED that one bill of costs is awarded to the plaintiff. ORDERED that the judgment is reversed, on the law, that branch of the defendant's motion which was to dismiss the complaint as barred by the doctrine of judicial estoppel is denied, and the order is modified accordingly and it is further, ORDERED that the appeal from the order is dismissed and it is further, The judgment, upon the order, is in favor of the defendant and against the plaintiff dismissing the complaint. The order granted that branch of the defendant's motion which was to dismiss the complaint on the ground that it was barred by the doctrine of judicial estoppel. Edwards, J.), dated December 17, 2018, and (2) a judgment of the same court entered January 28, 2019. In an action to recover damages for medical malpractice, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Genine D. Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, NY (Lauren B. Basichas & Associates, P.C., New York, NY (Aleksey Feygin of counsel), for appellant. This opinion is uncorrected and subject to revision before publication in the Official Reports.Īppellate Division, Second Judicial Department ![]() ![]() Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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