CICARDO NATL., INC. v. LOEB

Index No. 650737/20. Appeal No. 946. Case No. 2023-00345.

220 A.D.3d 615 (2023)

197 N.Y.S.3d 216

2023 NY Slip Op 05465

Cicardo National, Inc., Appellant, v. Michael Loeb et al., Respondents.

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

Decided October 31, 2023.


Attorney(s) appearing for the Case

Leeds Brown Law, P.C., Carle Place ( Rick Ostrove of counsel), for appellant.

Dorsey & Whitney LLP, New York ( Christopher G. Karagheuzoff and Joshua Kornfield of counsel), for Script Relief LLC and Optum Perks, LLC, respondents.

Concur—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Andrew S. Borrok, J.), entered on or about October 14, 2022, which, to the extent appealed from, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their prima facie entitlement to summary judgment by submitting evidence that the parties never actually entered into a so-called "make whole agreement" — that is, an alleged oral agreement intended...

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