Order, entered on April 12, 1961, unanimously reversed, on the law and on the facts, and on the consent expressed on oral argument, without costs, and motion by plaintiff for summary judgment is granted to the extent of awarding plaintiff judgment against defendant for $7,978.89, without interest. It appears from the record that said sum would be payable by defendant attorney to his client, Thelma Weiner, over and above his fees and liens. The assignment by Thelma Weiner to the plaintiff is absolute and complete. It is enforcible by the plaintiff as real party in interest (see Personal Property Law, § 41; Gellens v. 11 W. 42nd St., 259 App. Div. 435; Wagner v. Braunsberg, 5 A.D.2d 564), and the assignor need not be joined as a party to the action (see Gleason v. Northwestern Mut. Life Ins. Co., 203 N.Y. 507; Segal Lock Hardware Co. v. Markey, 124 N.Y.S.2d 181; 2 Carmody-Wait, New York Practice, p. 542).
Concur — McNally, J.P., Stevens, Eager, Steuer and Bastow, JJ.