Harper Investments, Inc. v. Harper-Kilgore, LLC

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 29, 2011, which, to the extent appealed from as limited by the briefs, directed that the matter be submitted to an independent accountant, as provided for under section 2.10 (c) of the parties’ asset purchase agreement, unanimously affirmed, with costs.

As a threshold matter, this appeal is properly before us, as the motion to reargue before Supreme Court was limited to a request to reinstate the complaint, and did not change any aspect of the issue now on appeal — namely, Supreme Court’s referral of the matter to the…