Brinkman v. Moskowitz

Appellate Terms of the Supreme Court of New York

Brinkman v. Moskowitz

38 Misc. 2d 950, 238 N.Y.S.2d 876, 1962 N.Y. Misc. LEXIS 2082

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 24, 1962

StatusPublished

Cited by18 cases

This text of 38 Misc. 2d 950 (Brinkman v. Moskowitz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brinkman v. Moskowitz, 38 Misc. 2d 950, 238 N.Y.S.2d 876, 1962 N.Y. Misc. LEXIS 2082 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

It is undisputed that defendant Moskowitz had notice of the assignment to plaintiff, for medical services rendered, of a portion of the proceeds of his client’s claim for personal injuries. Consequently, in paying out moneys in disregard of such assignment, he is liable to plaintiff for the resulting damage. (Continental Purchasing Co. v. Van Raalte Co., 251 App. Div. 151.)

The affidavit submitted in support of the defendant Allstate’s motion for summary judgment fails to establish that the cause of action asserted against it has no merit.

The order denying plaintiff’s motion for summary judgment against defendant Moskowitz should be unanimously reversed, without costs, motion granted and the matter directed to be set down for an assessment of damages.

The order, insofar as it grants summary judgment to both defendants and judgment entered thereon, should be unanimously reversed, with $5 costs to plaintiff against each defendant, and motion for summary judgment by defendant Allstate Insurance Company denied.

Concur — Hart, Di Gtovanna and Brown, JJ.

Order reversed, etc.

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