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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 30, 1961

StatusPublished

Cited by1 cases

This text of 14 A.D.2d 871 (Dumpson v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

14 A.D.2d 871, 221 N.Y.S.2d 762, 1961 N.Y. App. Div. LEXIS 7486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumpson-v-cohen-nyappdiv-1961.

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