Reynolds v. Blue Cross of Northeastern New York, Inc

In Reynolds v. Blue Cross of Northeastern New York, Inc., 210 A.D.2d 619 (3d Dep't 1994], the Appellate Division explained that: "The failure of plaintiffs to list the pending causes of action in the schedule of assets in the bankruptcy vested title in the trustee, leaving plaintiffs without capacity to sue and requiring the complaint to be dismissed. ... Once the plaintiffs, as debtors, filed bankruptcy, the trustee stood in their shoes as legal representative of the estate and had the legal capacity to commence and prosecute these causes of action arising prior to the bankruptcy. ... While the trustee in bankruptcy has capacity to sue in his or her own name ..., substitution of the trustee is not now available to cure the deficiency as a party with no capacity to sue cannot be replaced with one who has capacity in these circumstances." Id.