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ALPHA CAPITAL ANSTALT v. GENEREX BIOTECHNOLOGY CORP.

11513. 650918/19.

183 A.D.3d 458 (2020)

121 N.Y.S.3d 868

2020 NY Slip Op 02877

Alpha Capital Anstalt, Appellant, v. Generex Biotechnology Corporation et al., Respondents.

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

Decided May 14, 2020.

The note upon which plaintiff sues does not qualify as an instrument for the payment of money only (CPLR 3213; see PDL Biopharma, Inc. v Wohlstadter, 147 A.D.3d 494 [1st Dept 2017]). Insofar as it required defendant Generex to become listed on a NASDAQ exchange (the failure to do so triggering Generex's alleged default and this litigation), it "required something in addition to...

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