Legal Opinion
Flag Wharf, Inc. v. Merrill Lynch Capital Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2007PublishedCited by 4 opinions
1Opinion of the Court
*507Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about August 7, 2006, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), (3) and (7), unanimously affirmed, with costs.
The first cause of action was properly dismissed. As the motion court found, the clear meaning of section 4.05 (e) of the stock purchase agreement is that defendant would pay 6.377% of the cash proceeds of the mortgages in accordance with the August 17, 1998 decision of the trial court in the NC Finance litigation. Section 4.05 (e) does not state that if the August…
2Cases cited3 opinions
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
- Mackie v. La Salle Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Sone v. TsumuraAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Edelman v. Starwood Capital Group, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMGAppellate Division of the Supreme Court of the State of New York · 2011
- Banco Popular North America v. LiebermanAppellate Terms of the Supreme Court of New York · 2008