RESOLUTION TRUST CORPORATION v. Lewis Lorenz, et al., third-party defendants.

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Supreme Court, Appellate Division, Second Department, New York.

RESOLUTION TRUST CORPORATION, etc., plaintiff, v. INDEPENDENT CHURCH OF THE REALIZATION OF THE WORD OF GOD, INC., et al., defendants, Stanley Ward, et al., defendants third-party plaintiffs-appellants; Allan Stam, third-party defendant-respondent; Lewis Lorenz, et al., third-party defendants.

Decided: March 22, 1999

SONDRA MILLER, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ. Gabor & Gabor, Garden City, N.Y. (David G. Gabor and Samuel D. Carucci of counsel), for defendants third-party plaintiffs-appellants. Vlachos & Torchio, LLP, Islandia, N.Y. (Daniel S. Torchio of counsel), for third-party defendant-respondent and third-party defendants.

In an action, inter alia, to foreclose a mortgage, the defendants third-party plaintiffs Stanley Ward and Judith Ward appeal from an order of the Supreme Court, Nassau County (Schmidt, J.), dated December 16, 1997, which, among other things, denied that branch of their motion which was for summary judgment on the issue of liability on their third-party complaint insofar as asserted against the third-party defendant Allan Stam, and upon searching the record, awarded summary judgment to the third-party defendant Allan Stam dismissing the third-party complaint insofar as asserted against him.

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court's conclusion that the third-party plaintiffs' claims are barred by the discharge in bankruptcy obtained by the third-party defendant Allan Stam (see, Vleming v. Chrysler Corp., Dodge Div., 90 A.D.2d 773, 455 N.Y.S.2d 293).   Therefore, the court correctly dismissed the third-party complaint insofar as asserted against the third-party defendant Allan Stam.

MEMORANDUM BY THE COURT.

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