CRESCO LABS N.Y., LLC v. FIORELLO PHARMS., INC.

Index No. 652343/18. Appeal No. 497-498-499. Case Nos. 2023-00189, 2023-00340, 2023-00762.

217 A.D.3d 539 (2023)

192 N.Y.S.3d 57

2023 NY Slip Op 03305

Cresco Labs New York, LLC, et al., Respondents, v. Fiorello Pharmaceuticals, Inc., Appellant, et al., Defendants.

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

Decided June 20, 2023.


Attorney(s) appearing for the Case

Akin Gump Strauss Hauer & Feld LLP, New York ( Kristen Loveland of counsel), and Akin Gump Strauss Hauer & Feld LLP, Washington, DC ( Pratik A. Shah of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellant.

Jenner & Block LLP, New York ( Stephen L. Ascher of counsel), for respondents.

Concur—Webber, J.P., Oing, Gesmer, González, Pitt-Burke, JJ.


Order and judgment (one paper), Supreme Court, New York County (Andrew Borrok, J.), entered January 26, 2023, which, to the extent appealed from as limited by the briefs, denied defendant Fiorello Pharmaceuticals, Inc.'s motion for summary judgment limiting plaintiffs' damages to out-of-pocket damages and sua sponte granted plaintiffs summary judgment as to liability on their breach of contract claim, unanimously reversed, on the...

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