· 10/15/2009
Merrill Lynch Mortgage Investors, Inc. v. Love Funding Corp.
Citations
- 13 N.Y.3d 190
- 918 N.E.2d 889
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the Plaintiff could not recover as it was assigned a right for the purpose of litigation
- observing further that “[t]o acquire indemnification rights to the cost of past litigation is not to acquire a thing in action in order to obtain costs from prosecution thereon” (emphasis added)
- observing further that “[t]o acquire indemnification rights to the cost of past litigation is not to acquire a thing in action in order to obtain costs from prosecution thereon” (emphasis added)
- voiding the assignment of rights from a non-party to the Plaintiff
- “We hold that a corporation or association that takes an assignment of a claim does not violate Judiciary Law § 489(1) if its purpose is to collect damages, by means of a lawsuit, for losses on a debt instrument in which it holds a preexisting proprietary interest.”
- answering certified question from Second Circuit
Source: CourtListener parenthetical corpus (CC0).
Judges: Pigott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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