Assignment of Debt

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Plaintiff claims that plaintiff is entitled to sue because of an assignment to it from the Assignor.

However, plaintiff does not attach a certified copy of the alleged assignment.

In the absence of the document on which her statement is based, her statement is of no probative value ( Vermette v Ken worth Truck Co., Div. of Packer, Inc., 68 ND at 717; AFC Credit Corp. v Mohr, 156 ADD at 288).

Consequently, plaintiff has failed to establish that plaintiff has the right to collect this debt.

Accordingly, plaintiff's motion for summary judgment must be denied as a matter of law.

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Is contract and assignment attached to complaint


If a claim or defense is founded upon a written
instrument, a copy thereof, or of so much of the same as is relevant,
must be attached to the pleading as an exhibit or recited therein,
unless the pleader attaches to his or her pleading an affidavit stating
facts showing that the instrument is not accessible to him or her.

In pleading any written instrument a copy thereof may be attached to
the pleading as an exhibit. In either case the exhibit constitutes a part
of the pleading for all purposes.

Both the contract and the assignment(s) showing that plaintiff has title to the
claim are documents on which the action is founded. With respect to
assignments, see Candice Co. v. Ricketts, 281 Ill.App.3d 359, 362, 666 N.E.2d
722 (1st Dist. 1996), V.W. Credit, Inc. v. Alexandrescu, Index No. 39862/05, 13
Misc. 3d 1207A; 824 N.Y.S.2d 759; 2006 NY Slip Op 51724U; 2006 N.Y. Misc.
LEXIS 2423 (N.Y.Civ.Ct., August 18, 2006), and MBNA America Bank, N.A. v.
Nelson, 13777/06, 2007 NY Slip Op 51200U; 2007 N.Y. Misc. LEXIS 4317, *3-5
(N.Y.Civ. Ct. May 24, 2007).