MISOPOULOS v. LOVEBUG NUTRITION, INC.

Index No. 653279/19. Appeal No. 13773. Case No. 2020-05026.

194 A.D.3d 447 (2021)

143 N.Y.S.3d 527

2021 NY Slip Op 02875

Ioannis Misopoulos, Respondent, v. LoveBug Nutrition, Inc., et al., Appellants.

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

Decided May 6, 2021.


Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Gregory P. Cronin of counsel), for appellants.

Cohen Tauber Spievack & Wagner P.C., New York ( Jackson S. Davis of counsel), and Walker Morton, LLP, Chicago, IL ( Robert H. Smeltzer , of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Singh, Kennedy, JJ.


Defendants' motion for summary judgment, on their counterclaims to enforce a purported settlement agreement, was properly denied. Defendants failed to establish that during the April 5, 2018 email exchange between plaintiff and defendants, there was a "meeting of the minds," a necessary element to establishing the existence of an enforceable agreement (see Matter of Express Indus. & Term. Corp. v New York State Dept. of Transp., 93 N.Y.2d 584<...

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