anti-assignment clause (New York) · Go Syfert
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anti-assignment clause in New York

7 New York opinions name it 3 courts 1952–2026 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Ross v. State of New Yorkgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Additionally, claimant's contention that the anti-assignment clause was ambiguous is unpreserved, as he failed to raise it before the Court of Claims ( see Singh v State of New York , 240 AD3d 1022 , 1024 [3d Dept 2025], lv denied 45 NY3d 901 [2026]; Ross v State of New York , 217 AD3d 1225, 1226 [3d Dept 2023]).

2026Additionally, claimant's contention that the anti-assignment clause was ambiguous is unpreserved, as he failed to raise it before the Court of Claims ( see Singh v State of New York , 240 AD3d 1022, 1024 [3d Dept 2025], lv denied 45 NY3d 901 [2026]; Ross v State of New York , 217 AD3d 1225, 1226 [3d Dept 2023]).

11
Singh v. State of New Yorkgreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Additionally, claimant's contention that the anti-assignment clause was ambiguous is unpreserved, as he failed to raise it before the Court of Claims ( see Singh v State of New York , 240 AD3d 1022 , 1024 [3d Dept 2025], lv denied 45 NY3d 901 [2026]; Ross v State of New York , 217 AD3d 1225, 1226 [3d Dept 2023]).

2026Additionally, claimant's contention that the anti-assignment clause was ambiguous is unpreserved, as he failed to raise it before the Court of Claims ( see Singh v State of New York , 240 AD3d 1022, 1024 [3d Dept 2025], lv denied 45 NY3d 901 [2026]; Ross v State of New York , 217 AD3d 1225, 1226 [3d Dept 2023]).

11
Brettler v. Allianz Life Insurance Company of North Americagreen
ca2 · 2022 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023As noted by the Second Circuit, the Notice Provision does not restrict the policy owner’s power to assign, Allianz does not take any position on the validity of assignments between third parties, and Allianz does not retain any discretion to impede or refuse assignments (see 57 F4th at 63).

11
Sillman v. Twentieth Century-Fox Film Corp.green
ny · 1957 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023In contrast, an anti-assignment clause prohibits unilateral assignments either by voiding the assignment entirely or by encumbering it by requiring the non-assigning party to approve or consent to any assignment of the contract (see Allhusen, 303 NY at 449 [contract providing assignments “without the written consent of the first party . . . shall be void” could void assignments]; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 400 [1957] [contract requiring prior written consent before assignment and stating that the paying party “shall not be required to recognize any assignments” cou

11
Allhusen v. Caristo Construction Corp.green
ny · 1952 · cited in 1 New York opinions naming this issue, 2023–2023
2 sentences

2023If an anti-assignment clause does not include such language, the assignment is valid, and the clause is read instead as a personal covenant not to assign that “justifies only an award of damages” against the assignor for breach (Citibank, N.A. v Tele/Res., Inc., 724 F2d 266, 268 [2d Cir 1983]; see also Allhusen, 303 NY at 450 ).

2023Under New York law, such clauses are subject to a special interpretative rule: If an anti- assignment clause includes “clear language” and the “plainest words” stating that an assignment made in contravention of the original contract is void, then the clause operates to destroy any purported assignments (Allhusen v Caristo Const. Corp., 303 NY 446, 452 [1952], citing State Bank v Cent.

11
State Bank v. Central Mercantile Bankgreen
ny · 1928 · cited in 1 New York opinions naming this issue, 2023–2023
1 sentence

2023Mercantile Bank of New York, 248 NY 428, 435 [1928]).

11
In Re the Marriage of Mikesellgreen
mont · 1996 · cited in 1 New York opinions naming this issue, 2015–2015
2 sentences

2015(See In re Marriage of Triggs, 2011 Wash App LEXIS 1997, *37-38 [Aug. 25, 2011, No. 28489-1-III] [other states reviewing the issue have relied upon 42 USC § 659 (a)—an exception to the anti-assignment clause of the Social Security Act ( 42 USC § 407 [a])] which allows benefits to be garnished for the payment of child support or maintenance obligations—as permitting maintenance awards from federal benefit payments, including Social Security benefits]; Evans v Evans, 111 NC App 792, 798-799, 434 SE2d 856, 860-861 [1993] [concluding that 42 USC § 407 (a) does not bar a maintenance award of Social

2015(See In re Marriage of Triggs, 2011 Wash App LEXIS 1997, *37-38 [Aug. 25, 2011, No. 28489-1-III] [other states reviewing the issue have relied upon 42 USC § 659 (a)—an exception to the anti-assignment clause of the Social Security Act ( 42 USC § 407 [a])] which allows benefits to be garnished for the payment of child support or maintenance obligations—as permitting maintenance awards from federal benefit payments, including Social Security benefits]; Evans v Evans, 111 NC App 792, 798-799, 434 SE2d 856, 860-861 [1993] [concluding that 42 USC § 407 (a) does not bar a maintenance award of Social

11
Lanier v. Laniergreen
ga · 2005 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015(See In re Marriage of Triggs, 2011 Wash App LEXIS 1997, *37-38 [Aug. 25, 2011, No. 28489-1-III] [other states reviewing the issue have relied upon 42 USC § 659 (a)—an exception to the anti-assignment clause of the Social Security Act ( 42 USC § 407 [a])] which allows benefits to be garnished for the payment of child support or maintenance obligations—as permitting maintenance awards from federal benefit payments, including Social Security benefits]; Evans v Evans, 111 NC App 792, 798-799, 434 SE2d 856, 860-861 [1993] [concluding that 42 USC § 407 (a) does not bar a maintenance award of Social

11
Evans v. Evansgreen
ncctapp · 1993 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015(See In re Marriage of Triggs, 2011 Wash App LEXIS 1997, *37-38 [Aug. 25, 2011, No. 28489-1-III] [other states reviewing the issue have relied upon 42 USC § 659 (a)—an exception to the anti-assignment clause of the Social Security Act ( 42 USC § 407 [a])] which allows benefits to be garnished for the payment of child support or maintenance obligations—as permitting maintenance awards from federal benefit payments, including Social Security benefits]; Evans v Evans, 111 NC App 792, 798-799, 434 SE2d 856, 860-861 [1993] [concluding that 42 USC § 407 (a) does not bar a maintenance award of Social

11
Boggs v. Boggsgreen
scotus · 1997 · cited in 1 New York opinions naming this issue, 2002–2002
1 sentence

2002This exception to ERISA’s anti-assignment rule is not subject to judicial expansion (see Boggs v Boggs, 520 US 833, 851 [1997]).

11
McDermott v. McDermottgreen
nyappdiv · 1986 · cited in 1 New York opinions naming this issue, 1993–1993
2 sentences

1993The revolutionary enactment of the Equitable Distribution Law in 1980 (see, Domestic Relations Law § 236 [B]) recognized that marriage is an "economic partnership” that each spouse has individually contributed to during the marriage (O’Brien v O’Brien, 66 NY2d 576, 583 ; see also, McDermott, supra, at 378-380).

1993Equating the rights of the spouse and dependents with those of any other creditor for purposes of applying the anti-assignment rule is no longer justified, however (see, McDermott, 119 AD2d, at 377 , supra; see also, Matter of Wanamaker v Wanamaker, 93 Misc 2d 784 ).

11
Wanamaker v. Wanamakergreen
nycfamct · 1978 · cited in 1 New York opinions naming this issue, 1993–1993
1 sentence

1993Equating the rights of the spouse and dependents with those of any other creditor for purposes of applying the anti-assignment rule is no longer justified, however (see, McDermott, 119 AD2d, at 377 , supra; see also, Matter of Wanamaker v Wanamaker, 93 Misc 2d 784 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Belge v. Aetna Casualty & Surety Co. green
nyappdiv · 1972
1 sentence

2023Co., 39 AD2d 295, 296 , 297-298 [1972] [same where contract required “written consent of the Seller” for assignments]; University Mews Assocs. v Jeanmarie, 122 Misc 2d 434 , 436-437 [Sup Ct 1983] [same where assignment dependent on lessor “approval”]; see also 29 Williston on Contracts § 74:22: Effect of contract provision prohibiting assignment [4th ed] [surveying anti-assignment cases]).

12023–2023
University Mews Associates v. Jeanmarie green
nysupct · 1983
1 sentence

2023Co., 39 AD2d 295, 296 , 297-298 [1972] [same where contract required “written consent of the Seller” for assignments]; University Mews Assocs. v Jeanmarie, 122 Misc 2d 434 , 436-437 [Sup Ct 1983] [same where assignment dependent on lessor “approval”]; see also 29 Williston on Contracts § 74:22: Effect of contract provision prohibiting assignment [4th ed] [surveying anti-assignment cases]).

12023–2023
In Re Marriage of Flory green
illappct · 1988
1 sentence

2015(See In re Marriage of Triggs, 2011 Wash App LEXIS 1997, *37-38 [Aug. 25, 2011, No. 28489-1-III] [other states reviewing the issue have relied upon 42 USC § 659 (a)—an exception to the anti-assignment clause of the Social Security Act ( 42 USC § 407 [a])] which allows benefits to be garnished for the payment of child support or maintenance obligations—as permitting maintenance awards from federal benefit payments, including Social Security benefits]; Evans v Evans, 111 NC App 792, 798-799, 434 SE2d 856, 860-861 [1993] [concluding that 42 USC § 407 (a) does not bar a maintenance award of Social

12015–2015
O'Brien v. O'Brien green
ny · 1985
1 sentence

1993The revolutionary enactment of the Equitable Distribution Law in 1980 (see, Domestic Relations Law § 236 [B]) recognized that marriage is an "economic partnership” that each spouse has individually contributed to during the marriage (O’Brien v O’Brien, 66 NY2d 576, 583 ; see also, McDermott, supra, at 378-380).

11993–1993
Nicholas Di Menna & Sons, Inc. v. City of New York green
ny · 1950
1 sentence

1957To grant summary judgment it must clearly appear that no material and triable issue of fact is presented (Di Menna & Sons v. City of New York, 301 N. Y. 118 ).

11957–1957
Gillette Bros. v. Aristocrat Restaurant, Inc. green
ny · 1924
1 sentence

1957(See Woollard v. Schaffer Stores Co., 272 N. Y. 304, 312-313 ; Gillette Bros. v. Aristocrat Restaurant, 239 N. Y. 87, 89-90 .) Indeed, on facts far stronger than those asserted by plaintiffs, the courts have held, as a matter of law, that there was no waiver of the anti-assignment clause.

11957–1957
Woollard v. Schaffer Stores Co. green
ny · 1936
1 sentence

1957(See Woollard v. Schaffer Stores Co., 272 N. Y. 304, 312-313 ; Gillette Bros. v. Aristocrat Restaurant, 239 N. Y. 87, 89-90 .) Indeed, on facts far stronger than those asserted by plaintiffs, the courts have held, as a matter of law, that there was no waiver of the anti-assignment clause.

11957–1957
State Street Furniture Co. v. Armour & Co. green
ill · 1931
1 sentence

1952Furniture Co. v. Armour & Co., 345 Ill. 160 ; Bewick Lbr.

11952–1952
Burck v. Taylor green
scotus · 1894
1 sentence

1952Special Term dismissed the complaint, holding that the prohibition against assignments “ must be given effect.” The Appellate Division affirmed, one Justice dissenting on the ground that the “ account receivable was assignable by nature, and could not be rendered otherwise without imposing an unlawful restraint upon the power of alienation of property.” ( 278 App. Div. 817 .) Whether an anti-assignment clause is effective is a question that has troubled the courts not only of this State but in other jurisdictions as well (Burck v. Taylor, 152 U. S. 634 ; State St.

11952–1952
Allhusen v. Caristo Construction Corp. neutral
nyappdiv · 1951
1 sentence

1952Special Term dismissed the complaint, holding that the prohibition against assignments “ must be given effect.” The Appellate Division affirmed, one Justice dissenting on the ground that the “ account receivable was assignable by nature, and could not be rendered otherwise without imposing an unlawful restraint upon the power of alienation of property.” ( 278 App. Div. 817 .) Whether an anti-assignment clause is effective is a question that has troubled the courts not only of this State but in other jurisdictions as well (Burck v. Taylor, 152 U. S. 634 ; State St.

11952–1952

Statutes the citing opinions construe

USC § 29u.s.c.1056 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 25 (2016–2020) TX 16 (1994–2026) DE 9 (2009–2022) NJ 8 (1997–2022) NY 7 (1952–2026) MD 7 (1967–2025) PA 5 (1984–2021) CO 5 (1987–2011) OR 5 (2006–2017) MN 4 (2008–2024) IL 4 (1986–2020) NE 4 (2006–2016) AZ 4 (1997–2025) NH 3 (2007–2022) FL 3 (2007–2015) NM 3 (1999–2009) NC 2 (1993–2021) SD 2 (2002–2007) CA 2 (2003–2003) GA 2 (2010–2024) UT 2 (2001–2013) CT 2 (2000–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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