Practice point: Under New York law, claims are generally assignable. No special form or language is necessary to
effect an assignment as long as the language shows the intention of the
owner of a right to transfer it.
Student note: Contrary to the defendant's contention, it was not
necessary for the plaintiff to enter into a liquidating agreement with the assignor, as the amended complaint sufficiently alleges facts
which, if proven, would establish that the assignor had
viable claims for contractual and common-law indemnification against
the defendant in the absence of such an agreement.
Case: Constructamax, Inc. v. Dodge Chamberlin Luzine Weber, Assoc.Architects, LLP, NY Slip Op 05671 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Applying for leave to serve a late notice of claim.
