(DOWNLOAD) "Concord Landscapers v. Harry Pincus Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Concord Landscapers v. Harry Pincus Et Al.
- Author : Supreme Court of New York
- Release Date : January 19, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In our opinion, the District Court erred in holding that plaintiffs intent and purpose in bringing enforcement proceedings on the judgment, if such proceedings were necessary, were a violation of section 489 of the Judiciary Law. That section provides in pertinent part: "No person * * * engaged directly or indirectly in the business of collection and adjustment of claims * * * shall * * * buy or take an assignment of * * * a * * * thing in action * * * with the intent and for the purpose of bringing an action or proceeding thereon". It has been consistently held that section 489 prohibits the purchase of a judgment by one engaged in the business of collection and adjustment of claims if the purpose thereof is to commence an action or special proceeding thereon (see CPLR 103) and does not prohibit such a purchase for the purpose of enforcing the judgments collection or pursuing its lien, as for example, by execution or other devices for the enforcement of judgments under CPLR 5201 et seq. (Fay v. Hebbard, 42 Hun 490, 492; Moses v. McDivitt, 88 N. Y. 62, 65; Fairchild Hiller Corp. v. McDonnell Douglas Corp., 28 N.Y.2d 325; Roslyn Sav. Bank v. Jones, 69 Misc. 2d 733, 739-741; People v. Berlin, 65 Misc. 2d 245, 66 Misc. 2d 1034). Accordingly, the orders must be reversed and defendants motion denied. We reach this result with great reluctance since we note with much concern that this case, and many others of a similar nature, involve aspects of a serious problem arising out of the tremendous growth of the suburban areas of Nassau and Suffolk Counties. Many people have bought homes there beyond their financial means. They have incurred debts in trying to meet the high cost of living in suburbia and have subjected their homes to possible sale pursuant to levy and execution in payment of unsatisfied judgments. These homeowners plights have worsened due to the fact that the CPLR abolished the [41 A.D.2d 759 Page 760]
 "Concord Landscapers v. Harry Pincus Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}