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KAMP v. IN SPORTSWEAR

70 Misc.2d 898 (1972)

Herman A. Kamp, as Assignee of AAA Stretch, Inc., Appellant, v. In Sportswear, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

January 28, 1972

Attorney(s) appearing for the Case

Herman A. Kamp, appellant in person. Ruben Schwartz, Martin W. Fogel and Paul R. Kaplan for respondent.

GOLD, J. P., and QUINN, J., concur in Per Curiam opinion; LUPIANO, J., dissents in memorandum.

Per Curiam.

The assignment of a chose in action by a corporation to one of its stockholders, directors or officers who thereupon maintains suit in his individual name, pro se, is reasonably suspect as an attempted evasion of CPLR 321 (subd. [a]) requiring corporations to appear by attorney. The plaintiff-assignee here does not deny defendant's averments that he is the sole stockholder, director and officer of his corporate assignor, and that the purpose...

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