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Kurtzman v. Bergstol

Assignee had no authority to accept assignment of claims on behalf of limited liability company.

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Justice Sherwood

KURTZMAN v. BERGSTOL — Plaintiff moves for an order, pursuant to CPLR 3211(b), dismissing the 14th and 16th affirmative defenses set forth in the answer of the defendants Milton Shapiro, Sonya Shapiro and 303-9W Co., LLC (Company). These defenses assert set offs on behalf of the Company based upon claims of Milton Shapiro and Sonya Shapiro against the plaintiff (their daughter) that were gratuitously assigned to the Company. The assignment was accepted by Milton Shapiro on behalf of the Company.

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