Levy v. Jacobs

New York Supreme Court

Levy v. Jacobs

3 Misc. 2d 994, 148 N.Y.S.2d 507, 1955 N.Y. Misc. LEXIS 2150

CourtNew York Supreme Court

DecidedDecember 15, 1955

StatusPublished

Cited by3 cases

This text of 3 Misc. 2d 994 (Levy v. Jacobs) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levy v. Jacobs, 3 Misc. 2d 994, 148 N.Y.S.2d 507, 1955 N.Y. Misc. LEXIS 2150 (N.Y. Super. Ct. 1955).

Pincite

Opinion

Per Curiam.

The plaintiff as assignee acquired no greater rights herein than his assignor, and in view of the fact that there was no debt due from the defendant to plaintiff’s assignor, there was no debt due from defendant to plaintiff. The record further discloses that plaintiff failed to prove that there existed a relationship of attorney and client between him and defendant but that plaintiff was acting as “of counsel ” for defendant’s attorney of record. Therefore plaintiff was not entitled to recover from the defendant for services allegedly rendered by him to the defendant.

The judgment should, therefore, be reversed, with costs and the complaint dismissed.

Hofstadter, Eder and Hecht, Jr., JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The plaintiff as assignee acquired no greater rights herein than his assignor, and in view of the fact that there was no debt due from the defendant to plaintiff’s assignor, there was no debt due from defendant to plaintiff. The record further discloses that plaintiff failed to prove that there existed a relationship of attorney and client between him and defendant but that plaintiff was acting as “of counsel ” for defendant’s attorney of record. Therefore plaintiff was not entitled to recover from the defendant for services allegedly rendered by him to the defendant.

The judgment should, therefore, be reversed, with costs and the complaint dismissed.

Hofstadter, Eder and Hecht, Jr., JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

3 Misc. 2d 994, 148 N.Y.S.2d 507, 1955 N.Y. Misc. LEXIS 2150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-jacobs-nysupct-1955.

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