Legal Opinion
Erickson Air-Crane Inc. v. EAC Holdings
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 2011PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered September 1, 2010, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.
*465The relationship of the parties was controlled by a stock purchase agreement, which provided that the exclusive remedy of either party alleging a breach of warranty would be indemnification. The procedure set forth in article 9 of the stock purchase agreement makes any demand for indemnification for payment made on third-party claims “contingent” upon the demanding party’s compliance with the notice and consent…
2Cases cited5 opinions
- MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009
- Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.New York Court of Appeals · 2009
- Riverside South Planning Corp. v. CRP/Extell RiversideAppellate Division of the Supreme Court of the State of New York · 2008
- Admiral Insurance v. Marriott International, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Merchants Bank v. Israel Discount BankAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- CIH International Holdings, LLC v. BT United States, LLCDistrict Court, S.D. New York · 2011