Practice point: Pursuant to CPLR 1018, upon any transfer of
interest, the action may be continued by or against the original parties unless
the court directs the person to whom the interest is transferred to be
substituted or joined in the action.
Student note: In the absence of an order directing a
substitution, the plaintiff was entitled to continue this action
notwithstanding the fact that, after commencing the action, he executed an
assignment transferring all right, title, and interest in his legal malpractice
cause of action to another.
Case: Bey v. Flushing Hosp. Med.
Ctr., NY Slip Op 03970 (2d Dept. 2012).
Tomorrow’s issue: Moving to dismiss a medical malpractice
claim.
