The defendant sought leave to appeal a decision dismissing its motion to strike the plaintiff's claims for punitive and aggravated damages.
The defendant argued that the bankruptcy trustee lacked the legal capacity to advance these in personam claims on behalf of the bankrupt company.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's conclusion that it was not plain and obvious the trustee lacked capacity.
