SASSOON v. CDX DIAGNOSTICS, INC.

653111/17-9449, 9448, 9447.

172 A.D.3d 617 (2019)

102 N.Y.S.3d 179

2019 NY Slip Op 04112

Ian Sassoon, Respondent-Appellant, v. CDx Diagnostics, Inc., et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 28, 2019.


The written agreement between plaintiff and defendant CDx Diagnostics, Inc. provides that plaintiff will receive a fee if "an M&A transaction is concluded with any Referred Investor." "M&A" is defined as "a Merger or Acquisition transaction for the Company [CDx] in which a majority of our equity would be sold." Contrary to plaintiff's contention, "an asset sale and an equity sale are two very different transactions with two entirely different consequences" (Abundance...

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