Lawsuit does not stand against assignor who no-showed to EUOs

Sunlight Med. Care, P.C. v Esurance Ins. Co., 2015 NY Slip Op 51410(U) (App. Term 2d Dept. 2015)

“While plaintiff argues on appeal that the branch of its motion seeking summary judgment against its assignor should have been granted, it offers no reasoning in support of its argument. We note, however, that while plaintiff purports to sue its assignor pursuant to the assignment it received from the assignor, such a cause of action is based upon plaintiff’s own alleged rights against its assignor, and is not properly based upon the assignment.”

I sense an Amos citing here….

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