Summary
In Brinkman v. Moskowitz, 38 Misc.2d 950, 238 N.Y.S.2d 876 (App.Div. 1962), the court held that an attorney who had notice of an assignment by his client to a physician of a portion of the proceeds of the client's injury claim, was liable to the physician for paying settlement proceeds to the client.
Summary of this case from Costanzo v. CostanzoOpinion
December 24, 1962
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, JOHN H. MONTELEONE, J.
Hayt Hayt ( Jerome Z. Ginsburg of counsel), for appellant.
Thomas J. Flood and Asher Marcus for Allstate Insurance Company, respondent.
Milton Jacobs and Abraham Umanov for Samuel J. Moskowitz, respondent.
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. v. Van Raalte Co., 251 App. Div. 151. )
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.
The order denying plaintiff's motion for summary judgment against defendant Moskowitz should be unanimously reversed, without costs, motion granted and the matter directed to be set down for an assessment of damages.
The order, insofar as it grants summary judgment to both defendants and judgment entered thereon, should be unanimously reversed, with $5 costs to plaintiff against each defendant, and motion for summary judgment by defendant Allstate Insurance Company denied.
Concur — HART, DI GIOVANNA and BROWN, JJ.
Order reversed, etc.