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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.