MARCAL FINANCE SA v. SUTTON

Index No. 653351/15, Appeal No. 2140, Case No. 2023-01275.

2024 NY Slip Op 02258

MARCAL FINANCE SA, ET AL., Plaintiffs-Appellants, v. ISAAC SUTTON, ET AL., Defendants, MIDDLEGATE SECURITIES LTD., Defendant-Respondent.

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

Decided April 25, 2024.


Attorney(s) appearing for the Case

Storch Byrne LLP, New York ( Parmenion Patias of counsel), for appellants.

Wachtel Missry LLP, New York ( Evan Weintraub of counsel), for respondent.

Before: Webber, J.P., Friedman, González, Rosado, Michael, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about February 15, 2023, which, to the extent appealed from, granted defendant Middlegate Securities Ltd.'s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

In opposition to Middlegate's prima facie showing that plaintiffs did not enter into any contract with it, plaintiffs failed to raise an issue of fact. Four plaintiffs testified that...

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