Emposimato v. CIFC Acquisition Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*419The motion court correctly found that in order to invoke the right to terminate pursuant to section 8.1 (e) of the SPA, plaintiffs had to provide schedules to CIFC 30 days before the purported termination on June 6, 2008, that is, by May 7, 2008. Further, the schedules had to be final versions and in reasonable and customary form. Defendants established that the April 14, 2008 schedules were not “final” versions within the meaning of the SPA. Indeed, the e-mail cover letter, to which the schedules were attached, indicated that the schedules had not been seen by third-party defendant and were…
2Cases cited13 opinions
- Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Schonfeld v. HilliardCourt of Appeals for the Second Circuit · 2000
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Etage Real Estate LLC v. SternAppellate Division of the Supreme Court of the State of New York · 2022
- Webmediabrands, Inc. v. Latinvision, Inc.New York Supreme Court · 2014
- Arjumand v. LaGuardia Express, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Philips RS N. Am., LLC v. Savara, IncAppellate Division of the Supreme Court of the State of New York · 2023
- Philips RS N. Am., LLC v. Savara, IncAppellate Division of the Supreme Court of the State of New York · 2023
7 more not listed; retrieve them via the Exa API.