Capobianco v. Halebass Realty, Inc.

In an action to foreclose a mortgage, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County, entered October 12, 1978 as, in denying his motion for summary judgment, dismissed the complaint as champertous. Order reversed insofar as appealed from, with costs, and complaint reinstated. It is undisputed for the purposes of this appeal that the plaintiff, an attorney, may have taken the assignment of the subject mortgage in order to save his client embarrassment. It is well established that the acquisition of a claim is proscribed by statute…