John Komar Wins Motion To Dismiss In Kings County

December 4, 2017

On November 28, 2017, John Komar won a motion to dismiss the plaintiff’s complaint in Ahmed v. Acharjee, 30114-KTS-2107 (Civ. Court Kings County).  Mr. Komar argued that the plaintiff, who filed for bankruptcy, did not list his case as one of the assets on his bankruptcy petition.   The Court granted Mr. Komar’s motion in its entirety, including amending the defendant’s answer to include an affirmative defense that the plaintiff did not have the legal capacity to sue, and dismissing the plaintiff’s complaint in its entirety because his failure to list the action on the schedule of assets in his bankruptcy petition divested him of title to the action and his capacity to sue.

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