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EMPERY ASSET MASTER v. AIT

Index No. 651306/18. Appeal No. 17414. Case No. 2021-04618.

215 A.D.3d 10 (2023)

187 N.Y.S.3d 11

2023 NY Slip Op 01585

EMPERY ASSET MASTER, LTD., et al., Respondents, v. AIT THERAPEUTICS, INC., Appellant.

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

Decided March 23, 2023.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York City ( Marc E. Kasowitz , Albert S. Mishaan , Kim Conroy and Sondra D. Grigsby of counsel), for appellant.

Olshan Frome Wolosky LLP, New York City ( Thomas J. Fleming and Kerrin T. Klein of counsel), for respondents.

KERN, J.P., OING, KENNEDY and MENDEZ, JJ., concur.

OPINION OF THE COURT

APPEAL from a judgment of the Supreme Court, New York County (Joel M. Cohen, J.), entered December 1, 2021. The judgment, after a nonjury trial, was in favor of plaintiffs in the amount of $6,725,965.32, plus statutory interest.

Empery Asset Master, Ltd v AIT Therapeutics, Inc., 2021 NY...

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