Dumpson v. Cohen

Appellate Division of the Supreme Court of New York

Dumpson v. Cohen

14 A.D.2d 871, 221 N.Y.S.2d 762, 1961 N.Y. App. Div. LEXIS 7486

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1961·Published·Cited by 1 cases

Opinion

It appears from the record that said sum would be payable by defendant attorney to his client, Thelma Weiner, over and above his fees and liens. The assignment by Thelma Weiner to the plaintiff is absolute and complete. It is enforcible by the plaintiff as real party in interest (see Personal Property Law, § 41; Gellens v. 11 W. 42nd St., 259 App. Div. 435; Wagner v. Braunsberg, 5 A D 2d 564), and the assignor need not be joined as a party to the action (see Gleason v. Northwestern Mut. Life Ins. Co., 203 N. Y. 507; Segal Lock & Hardware Co. v. Markey, 124 N. Y. S. 2d 181; 2 Carmody-Wait, New York Practice, p. 542). Concur—McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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It appears from the record that said sum would be payable by defendant attorney to his client, Thelma Weiner, over and above his fees and liens. The assignment by Thelma Weiner to the plaintiff is absolute and complete. It is enforcible by the plaintiff as real party in interest (see Personal Property Law, § 41; Gellens v. 11 W. 42nd St., 259 App. Div. 435; Wagner v. Braunsberg, 5 A D 2d 564), and the assignor need not be joined as a party to the action (see Gleason v. Northwestern Mut. Life Ins. Co., 203 N. Y. 507; Segal Lock & Hardware Co. v. Markey, 124 N. Y. S. 2d 181; 2 Carmody-Wait, New York Practice, p. 542). Concur—McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

Dumpson v. Cohen, 14 A.D.2d 871, 221 N.Y.S.2d 762, 1961 N.Y. App. Div. LEXIS 7486 (N.Y. Ct. App. 1961).

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