Hexcel Corp. v. Hercules Inc.

—Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered June 1, 2001, which, upon the prior grant of plaintiffs motion to confirm the report of the Special Referee, awarded plaintiff the principal sum of $7,333,902, plus interest, costs and disbursements, unanimously affirmed, without costs.

The report of the Special Referee was properly confirmed. Contrary to defendant’s argument, plaintiffs notice of claim was both timely and in compliance with the parties’ agreement. Nor is there merit to defendant’s attack upon the substance of the claims against it. The subject agreement…