2852-2854. MARGERY RUBIN AS TRUSTEE OF THE RUBIN FAMILY REALTY TRUST plf-res, v. DUNCAN, FISH & VOGEL, L.L.P. def-ap — Lewis Brisbois Bisgaard & Smith LLP, New York (Jordan A. Ehrlich of counsel), for ap — Law Offices of Edward C. Kramer, P.C., New York (Edward C. Kramer of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 19, 2015, which, to the extent appealed from, denied defendants’ motion to dismiss the claims asserted by the individual plaintiffs, Margery Rubin and Robert Rubin, unanimously reversed, on the law, with costs, and the motion granted. Order, same court and Justice, entered March 20, 2016, which, upon reargument, conditionally granted defendants’ motion to dismiss the individual plaintiffs’ claims, unanimously modified, on the law, to grant the motion unconditionally, and, as so modified, affirmed, without costs. Order, same court and Justice, entered March 20, 2016, which, upon reargument, denied defendants’ motion to dismiss the claims asserted by plaintiff Rubin Family Irrevocable Marital Trust (the Marital Trust), unanimously modified, on the law, to grant the motion as to the claims of legal malpractice in connection with the settlement of the America’s Cutting Edge Holdings, Inc. (ACE) litigation, except for the claim that defendants failed to obtain credit for plaintiffs of some $200,000 paid against the note and the claim based on deposition advice given to Margery Rubin, and to grant the motion as to the claim for punitive damages, and otherwise affirmed, without costs.
The failure of the individual plaintiffs to schedule the instant claims as assets in their Chapter 11 bankruptcies bars their pursuit of those claims (Dynamics Corp. of Am. v. Marine Midland Bank-N.Y., 69 NY2d 191 [1987]). It is immaterial that the bankruptcy court had actual knowledge of the existence of the claims (see Donaldson, Lufkin & Jenrette Sec. Corp. v. Mathiasen, 207 AD2d 280, 282 [1st Dept 1994]).
