SOLOMON CAPITAL LLC v. LION BIOTECHNOLOGIES, INC.

Index No. 651881/16. Appeal No. 14355. Case No. 2020-03644.

198 A.D.3d 499 (2021)

152 N.Y.S.3d 604

2021 NY Slip Op 05653

Solomon Capital LLC et al., Appellants, v. Lion Biotechnologies, Inc., Formerly Known as Genesis Biopharma, Inc., Respondent.

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

Decided October 14, 2021.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York ( Hal S. Shaftel of counsel), for appellants.

Harter Secrest & Emery, LLP, Rochester ( Jerauld E. Brydges of counsel) and TroyGould PC, Los Angeles, CA ( Russell I. Glazer , of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.


The court properly concluded that the damage amount computed by defendant's expert based on the dates of the breaches of the contract, as alleged in the complaint, was proper (see Brushton-Moira Cent. School Dist. v Thomas Assoc., 91 N.Y.2d 256, 261 [1998]). Plaintiffs presented no evidence that the expert's methodology or calculations were inaccurate. Plaintiffs' claim that they were...

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