MENCHE v. CDX DIAGNOSTICS, INC.

2018-02978. Index No. 31224/17.

199 A.D.3d 678 (2021)

157 N.Y.S.3d 61

2021 NY Slip Op 05964

Solomon Menche, Appellant, v. CDx Diagnostics, Inc., et al., Respondents.

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

Decided November 3, 2021.


Attorney(s) appearing for the Case

The Feinsilver Law Group, P.C., Brooklyn, NY ( H. Jonathan Rubinstein of counsel), for appellant.

Benowich Law, LLP, White Plains, NY ( Leonard Benowich of counsel), for respondents.

Mastro, J.P., Miller, Duffy and Genovesi, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendants' converted motion for summary judgment dismissing the complaint is denied.

In 2008, the plaintiff commenced an action to collect on a promissory note against CDx Laboratories, Inc. (hereinafter Labs), Oral Cancer Prevention International, Inc. (hereinafter OCPI), and Mark R. Rutenberg. The parties to that action agreed to submit their dispute to arbitration, and in February 2011 the arbitrator...

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