The plaintiff, Wasiem Diab, sought repayment of $161,000 allegedly loaned to the defendants, George and Haralabos Tsitsos (referred to as Bobby and Georgia), for a property purchase.
The defendants denied an oral loan agreement with Diab, asserting the money came from Kakouli Poka, who later revealed Diab as the source.
The court granted summary judgment, dismissing Diab's action.
The court found no direct oral agreement between Diab and Bobby, rejected theories of past consideration and agency, and concluded that the pleadings did not support claims against Georgia or the "primary debtor" theory.
