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BEHLER v. KAI-SHING TAO

Index No. 652567/20, Appeal No. 741, Case No. 2022-03237.

2024 NY Slip Op 01337

ALBERT BEHLER, Plaintiff-Appellant, v. KAI-SHING TAO, Defendant-Respondent.

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

Decided March 14, 2024.

Attorney(s) appearing for the Case

Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York ( Jesse T. Conan , Richard N. Chassin and Walter E. Swearingen of counsel), for appellant.

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

Before: Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Opinion

Plaintiff appeals from the order of the Supreme Court, New York County (Andrew Borrok, J.), entered on or about June 8, 2022, which granted defendant's motion to dismiss the complaint.

On this appeal, we are asked to consider whether a parties' oral side agreement to repurchase shares survived the...

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