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M.P.Y. MFG., INC. v. MERCH. FACTORS CORP.

210 A.D.2d 142 (1994)

621 N.Y.S.2d 847

M.P.Y. Manufacturing, Inc., Appellant, v. Merchant Factors Corp., Respondent. (And a Third-Party Action.)

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

December 20, 1994

While the IAS Court properly concluded that no valid legal assignment occurred because defendant never agreed to assume a contractual burden, it erred in ordering dismissal of the complaint. Plaintiff set forth a prima facie claim of equitable assignment of a designated available fund, based upon the June 19, 1991 letter, because an equitable assignment does not require evidence of the defendant's consent to its terms (see

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