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AOG, LLC v. KIND OPERATIONS INC.

Index No. 650124/20. Appeal No. 626. Case No. 2022-05296.

219 A.D.3d 1211 (2023)

196 N.Y.S.3d 419

2023 NY Slip Op 04710

AOG, LLC, Appellant, v. Kind Operations Inc. et al., Respondents.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Vedder Price P.C., New York ( Daniel C. Green of counsel), for appellant.

Goodwin Procter LLP, New York ( Jordan Bock of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Margaret Chan, J.), entered October 17, 2022, which, to the extent appealed as limited by the briefs, denied plaintiff's motion for summary judgment dismissing the affirmative defense of recoupment (the seventh affirmative defense), unanimously reversed, on the law, with costs, and the motion granted.

In July 2015, defendants KIND Operations Inc. and KIND Holdings Ltd. (collectively, KIND) entered into an amended and restated...

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