M.S. Textiles, Ltd. v. Rafaella Sportswear, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Sterling National Bank v. Polyseal Packaging Corp. (Appellate Division of the Supreme Court of New York 2013)
- Sterling National Bank v. Polyseal Packaging Corp. (Appellate Division of the Supreme Court of New York 2013)
- Growbright Enterprises, Inc. v. Barski (Appellate Division of the Supreme Court of New York 2014)
- Growbright Enterprises, Inc. v. Barski (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme
Plaintiff textile vendor established that certain charge-backs from its factors were reassignments and that, in view of such reassignments, it possessed standing to seek payment for certain goods sold and delivered to defendant. Although defendant maintains that the reassignments upon which plaintiffs right to sue is predicated were not reduced to writing and thus were invalid, the argument is without merit since no particular words or writings are necessary to effect an assignment (see, Leon v Martinez, 84 NY2d 83, 88). The sole requisite, satisfied in this case, is a “perfected transaction between the assignor and assignee, intended by those parties to vest in the assignee a present right to the things assigned” (id.). In view of the circumstance that defendant raised the standing issue for the first time at trial, it was entirely appropriate for the trial court, at that juncture, to request a copy of plaintiffs factoring agreement in order to determine whether the charge-backs in question did, in fact, involve reassignments of the right to seek payment of the disputed invoices.
We have considered defendant’s remaining arguments and find them unavailing. Concur—Saxe, J.P., Buckley, Sullivan, Rosenberger and Ellerin, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.