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GADE v. CARMILI

Index No. 656019/17. Appeal No. 14347-14348. Case Nos. 2021-00210, 2019-3044.

198 A.D.3d 456 (2021)

152 N.Y.S.3d 580

2021 NY Slip Op 05458

Sreenivasa Gade et al., Respondents, v. David Carmili, Appellant, et al., Defendant.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

The Law Firm of Elias C. Schwartz, PLLC, New York ( Sarah R. Gitomer of counsel), for appellant.

Galgano Sharp LLP, White Plains ( Eric R. Sharp of counsel), for respondents.

Concur— Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

Plaintiffs seek repayment from defendant of a loan they made to him by sending funds on his behalf to a company in which he wished to invest those funds.

Contrary to defendant's contention, the fact that the funds were sent directly to the company does not prove that there was no contract between him and plaintiffs (see Alloy Advisory, LLC v 503 W. 33rd St. Assoc., Inc., 195 A.D.3d 436 [1st Dept 2021]).

Nor does the fact that defendant did not receive...

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