CAPOBIANCO v. HALEBASS REALTY, INC.


72 A.D.2d 804 (1979)

Donald A. Capobianco, Appellant, v. Halebass Realty, Inc., Respondent, et al., Defendants

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

November 26, 1979


Order reversed insofar as appealed from, with costs, and complaint reinstated.

It is undisputed for the purposes of this appeal that the plaintiff, an attorney, may have taken the assignment of the subject mortgage in order to save his client embarrassment. It is well established that the acquisition of a claim is proscribed by statute (Judiciary Law, § 488) as champertous only if the primary purpose of the acquisition is to enable the attorney...

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