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CONCORDANCE HEALTHCARE SOLUTIONS LLC v. KORI CAPITAL INC.

Index No. 654450/21. Appeal No. 17629. Case No. 2022-03583.

215 A.D.3d 404 (2023)

187 N.Y.S.3d 20

2023 NY Slip Op 01761

Concordance Healthcare Solutions LLC, Respondent, v. Kori Capital Inc., Defendant, and PAF Statutory Trust, Appellant.

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

Decided April 4, 2023.

Attorney(s) appearing for the Case

Liberman Canna LLP, New York ( Brett G. Canna , of counsel) for appellant.

Bryan Cave Leighton Paisner LLP, New York ( Chris LaRocco , of counsel) for respondent.

Concur—Webber, J.P., Oing, Gesmer, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about July 28, 2022, which denied defendant PAF Statutory Trust's motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff stated a cause of action for breach of contract by alleging, among other things, that the parties had entered into an escrow agreement with PAF as escrow agent and that PAF failed to provide a full refund of the escrow funds when required under the agreement...

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