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