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Dumpson v. Cohen

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1961
14 A.D.2d 871 (N.Y. App. Div. 1961)

Opinion

November 30, 1961


Order, entered on April 12, 1961, unanimously reversed, on the law and on the facts, and on the consent expressed on oral argument, without costs, and motion by plaintiff for summary judgment is granted to the extent of awarding plaintiff judgment against defendant for $7,978.89, without interest. 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.


Summaries of

Dumpson v. Cohen

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 1961
14 A.D.2d 871 (N.Y. App. Div. 1961)
Case details for

Dumpson v. Cohen

Case Details

Full title:JAMES R. DUMPSON, as Commissioner of Welfare of the City of New York…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 30, 1961

Citations

14 A.D.2d 871 (N.Y. App. Div. 1961)

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