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NEEDHAM & CO., LLC v. UpHEALTH HOLDINGS, INC.

Index No. 655331/21, Appeal No. 2253, Case No. 2023-06591.

2024 NY Slip Op 02599

NEEDHAM & COMPANY, LLC, Plaintiff-Respondent, v. UpHEALTH HOLDINGS, INC., ET AL., Defendants-Appellants.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York ( Joseph R. Palmore of counsel), for appellants.

Pillsbury Winthrop Shaw Pittman LLP, New York ( Edward Flanders of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Singh, Kapnick, Gesmer, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Margaret Chan, J.), entered September 27, 2023, in plaintiff's favor against defendants in the amount of $37,829,550.55, unanimously affirmed, with costs.

Defendant UpHealth Services, Inc. (Services) and plaintiff Needham & Company, LLC entered into an agreement regarding a corporate transaction. Services signed term sheets to acquire six companies, including nonparty Cloudbreak Health, LLC (Cloudbreak). Services then...

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