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· 6/28/2021

Faith Lawley, L.L.C. v. McKay

Citations

  • 175 N.E.3d 1
  • 2021 Ohio 2156

Syllabus

Defendant appeals summary judgment decision dismissing counterclaims for promissory estoppel and fraud. Plaintiffs purchased Defendant's hedge fund investment unit but granted Defendant time-limited option to repurchase unit. Defendant failed to exercise the option by the deadline. Defendant's counterclaims premised on allegation that defendants promised to waive or extend deadline. However, Defendant lacked any evidence to support this assertion other than averments in his affidavit, which were vague, uncorroborated, and contradicted by other evidence. Defendant's affidavit, standing alone, was insufficient to create a genuine issue of material fact.

Judges: Byrne

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