Leon v. Martinez
- Decided
- July 7, 1994
- Status
- Published
- Jurisdiction
- New York
Cited 4,267 timesNo negative treatment found in this library
What later courts said
- noting the Complaint is given the benefit of every possible favorable inference and that any documentary evidence presented must conclusively refute the Plaintiff's claims — Gowen v. Helly Nahmad Gallery, Inc. (2018)
- noting that New York law does not require any particular phraseology to effect an assignment, “it is only required that there be a perfected transaction between the assignor and assignee, intended by those parties to vest in the assignee a present right in the things assigned” — Wells Fargo Bank v. Levin Professional Services, Inc. (2006)
- Finding in the context of a motion to dismiss that a third party might be “entitled” to funds where the “client has conveyed a right to [the] funds by an enforceable assignment” — Palisades Tickets, Inc. v. Daffner (2020)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT Levine, J.
Plaintiffs brought this action against defendant Wilfredo Martinez and his attorneys to enforce plaintiffs’ claim of entitlement to a portion of the proceeds of the settlement of a personal injury action by Martinez against the Hertz Corporation. The complaint alleges that, before the settlement of Martinez v Hertz Corp., at the request of plaintiffs and in consideration for plaintiffs’ care of Martinez following his accident, defendant attorney Ira Futterman drafted an agreement between plaintiffs and Martinez which Martinez executed. The agreement, annexed to the complaint, provided as follows:
"(1) I give to Gina Leon 5% of any recovery that I may get after deducting all disbursements, ex-pensesand attorney’s fees from the case of wilfredo MARTINEZ V. HERTZ CORPORATION. [*87] "(2) I give to Xavier Leon 5% of any recovery that I may get after deducting all disbursements, expenses and attorney’s fees from the case of wil- FREDO MARTINEZ V. HERTZ CORPORATION.
Cite this
Leon v. Martinez, 638 N.E.2d 511 (1994)Read the full opinion
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