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LEASING CONTROL INC. v. 500 FIFTH AVE., INC.

650797/13, 150676/16. Appeal No. 13640-13640A. Case Nos. 2020-00348, 2020-00500.

193 A.D.3d 592 (2021)

142 N.Y.S.3d 807

2021 NY Slip Op 02462

Leasing Control Inc., as Assignee of Firequench, Inc., Appellant, v. 500 Fifth Avenue, Inc., et al., Respondents. Leasing Control Inc., as Assignee of Firequench, Inc., Appellant, v. 500 Fifth Avenue, Inc., et al., Respondents.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Ganfer Shore Leeds & Zauderer LLP, New York ( Mark C. Zauderer of counsel) and Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, New York ( Clifford A. Katz of counsel), for appellant.

Curtis, Mallet-Prevost, Colt & Mosle LLP, New York ( Turner P. Smith of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

The assignment of Firequench's claims against defendants to plaintiff was champertous (see Justinian Capital SPC v WestLB AG, N.Y. Branch, 28 N.Y.3d 160, 165-166 [2016]; Judiciary Law § 489[1]). As plaintiff's president admitted during her deposition, the primary purpose of Firequench's assignment of its claims against defendants to plaintiff was for plaintiff to pursue litigation...

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