WEIMER v. BD. OF EDUC.


52 N.Y.2d 148 (1981)

George C. Weimer, Jr., as Assignee of David Burner and another, Appellant, v. Board of Education of Smith-Town Central School District No. 1, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1981.


Attorney(s) appearing for the Case

Gary N. Weintraub for appellant.

Martin J. Crowley and Craig F. Meltzer for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Assignment of a taxpayer's action to one not shown to be himself a taxpayer is the transfer of a claim in contravention of public policy and, therefore, proscribed by subdivision 3 of section 13-101 of the General Obligations Law. Because the assignee, appellant at the Appellate Division and in our court, was, as a result, without standing to maintain the action, the appeal should be dismissed and the...

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