Legal Opinion
Westmoreland Coal Co. v. Entech, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2002PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 17, 2002, which granted the petition pursuant to CPLR article 76 and directed that all objections to the subject closing date certificate are properly, and shall be, resolved by certain independent accountants, with related relief, unanimously affirmed, with costs.
The purchase price adjustment clause of the parties’ stock purchase agreement unambiguously requires that any material objection to the closing date certificate be submitted to the independent accountants proceeding (see, Luxottica Group, S.p.A. v Bausch &…
2Cases cited5 opinions
- Sisters of Saint John the Baptist, Providence Rest Convent v. Phillips R. Geraghty Constructor, Inc.New York Court of Appeals · 1986
- In Re the Arbitration Between Melun Industries, Inc.District Court, S.D. New York · 1990
- In re the Arbitration between Rockwell International Corp. & BTR Dunlop, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Luxottica Group, S.P.A. v. Bausch & Lomb Inc.District Court, S.D. New York · 2001
- City of New York Commissioner of Finance v. 481 East Tremont Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- Cargill Inc. v. Bunge Foods, Ltd.Appellate Division of the Supreme Court of the State of New York · 2003