Summary
In Levy v. Jacobs, 3 Misc.2d 994, 148 N.Y.S.2d 507, 508, the court said, "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."
Summary of this case from Pioneer Investment Corp. v. Kassler Co.Opinion
December 15, 1955
Appeal from the City Court of the City of New York, JOHN A. BYRNES, Ch. J.
Gilbert S. Rosenthal and Martin Harris for appellant.
Abraham Sher for respondent.
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.