Brinkman v. Moskowitz
| Decision Date | 24 December 1962 |
| Citation | 238 N.Y.S.2d 876,38 Misc.2d 950 |
| Parties | John BRINKMAN, M.D., Appellant, v. Samuel J. MOSKOWITZ and Allstate Insurance Company, Respondents. |
| Court | New York Supreme Court — Appellate Term |
Hayt & Hayt, Jerome Z. Ginsburg, New York City, for appellant.
Thomas J. Flood, New York City, Asher Marcus, Forest Hills, for respondent Allstate Ins. Co.
Milton Jacobs, Abraham Umanov, New York City, for respondent Moskowitz.
Before HART, DI GIOVANNA and BROWN, JJ.
Order denying plaintiff's motion for summary judgment against defendant Moskowitz unanimously reversed, without costs, motion granted and the matter is directed to be set down for an assessment of damages.
Order, in so far as it grants summary judgment to both defendants and judgment entered thereon, unanimously reversed, with $5 costs to plaintiff against each defendant, and motion for summary judgment by defendant Allstate Insurance Company denied.
It is undisputed that defendant Moskowitz had notice of the assignment to plaintiff, for medical services rendered, of a portion of the proceeds of his client's claim for personal injuries. Consequently, in paying out moneys in disregard of such assignment, he is liable to plaintiff for the resulting damage. (Continental Purchasing Co., Inc. v. Van Raalte Co., Inc., 251 A.D. 151, 295 N.Y.S. 867).
The affidavit submitted in support of the defendant Allstate's motion for summary judgment fails to establish that the cause of action asserted against it has no merit.
To continue reading
Request your trial
-
Moore v. Weinberg
...Trust Co., 396 S.W.2d 143 (Tex.Civ.App.1965); 4 A. Corbin § 890) (emphasis added). Similarly, in Brinkman v. Moskowitz, 38 Misc.2d 950, 238 N.Y.S.2d 876, 876-77 (N.Y.Sup.App.Term.1962), the court held where an attorney had notice of the assignment of a portion of the proceeds of his client'......
-
Kelly v. Greason (State Report Title: Matter of Kelly)
...its payment out of the proceeds or otherwise (Aiello v. Levine, 44 Misc.2d 1067, 1068, 255 N.Y.S.2d 921, 922; cf. Brinkman v. Moskowitz, 38 Misc.2d 950, 238 N.Y.S.2d 876; see Ann., Attorneys--Liability for Expenses, 15 A.L.R.3d To be sure, if Kelly had not used a portion of the proceeds to ......
-
North Carolina Baptist Hospitals, Inc. v. Mitchell
...See Reddy v. Zurich General Accident & Liability Ins. Co., 171 Misc. 69, 11 N.Y.S.2d 88 (Sup.Ct.1939). In Brinkman v. Moskowitz, 38 Misc.2d 950, 238 N.Y.S.2d 876 (Sup.Ct.1962), the court held that an attorney who had notice of an assignment to a physician, for medical services rendered, of ......
-
Winship v. Gem City Bone & Joint, P.C.
...attorney had notice of it, he was liable to the doctor for failing to honor it. Id. at 1159-60. See also, Brinkman v. Moskowitz, 38 Misc.2d 950, 238 N.Y.S.2d 876 (N.Y.Sup.Ct.1962). [¶ 18] There are courts which have refused to honor such assignments. In Quality Chiropractic, PC v. Farmers I......