EHRLICH v. REBCO INS. EXCH.


225 A.D.2d 75 (1996)

649 N.Y.S.2d 672

Morris Ehrlich, Appellant, v. Rebco Insurance Exchange, Ltd., Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1996


Attorney(s) appearing for the Case

Morris Ehrlich, appellant pro se.

Robert N. Chan of counsel (Robert M. Kaplan on the brief; Ferber Greilsheimer Chan & Essner, attorneys), for Rebco Insurance Exchange, Ltd., respondent.

MURPHY, P. J., RUBIN, ROSS and WILLIAMS, JJ., concur.


SULLIVAN, J.

This appeal presents the issue of whether the assignment of a claim specifically and expressly for the sole purpose of commencing an action or asserting a counterclaim thereon falls outside Judiciary Law § 489's prohibition against champertous assignments merely because the assignment occurred after the commencement of the action in which the claim is interposed. We hold that such an assignment...

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