Micena v. Katz

The plaintiff allegedly loaned the defendant the sums of $75,000 in September 2004 and $7,300 in October 2004. The parties did not memorialize their agreement in writing. When the defendant failed to repay either loan, the plaintiff commenced this action alleging two causes of action: that the defendant breached the parties’ September 2004 oral agreement by *827failing to repay the plaintiff the sum of $75,000 plus interest, and that the defendant breached the parties’ October 2004 oral agreement by failing to repay the plaintiff the sum of $7,300 plus interest.

The defendant moved for summary…