AXA MEDITERRANEAN HOLDING, S.P., plf-ap, v. ING INSURANCE INTERNATIONAL, B.V., def-res

10018. AXA MEDITERRANEAN HOLDING, S.P., plf-ap, v. ING INSURANCE INTERNATIONAL, B.V., def-res — Schlam Stone & Dolan LLP, New York (Jeffrey M. Eilender of counsel), for ap — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Daniel J. Toal of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about February 22, 2012, which, to the extent appealed from, granted defendant's motion to dismiss the cause of action for breach of contract related to labor organizing activity and the request for punitive damages, unanimously affirmed, with costs.

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10018. AXA MEDITERRANEAN HOLDING, S.P., plf-ap, v. ING INSURANCE INTERNATIONAL, B.V., def-res — Schlam Stone & Dolan LLP, New York (Jeffrey M. Eilender of counsel), for ap — Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Daniel J. Toal of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about February 22, 2012, which, to the extent appealed from, granted defendant’s motion to dismiss the cause of action for breach of contract related to labor organizing activity and the request for punitive damages, unanimously affirmed, with costs.

Pursuant to §13.1 of the parties’ stock purchase agreement, all claims for breach of representation and warranty expire after one year of closing on the sale, unless plaintiff provides defendant with a notice of claim “satisfying the content of Section 11.2(a),” which requires that a notice of claim set forth the existence of a claim and, if possible, the facts underlying the claim. Plaintiff’s July 17, 2009 notice of claim was timely but did not allege a breach of the labor organizing representation and warranty contained in §2.14(b) of the agreement; it alleged only a breach of certain employment-related representations contained in §2.14(d). Plaintiff having failed to provide defendant with a timely notice of its claim under §2.14(b), the claim expired.

AXA MEDITERRANEAN HOLDING, S.P., plf-ap, v. ING INSURANCE INTERNATIONAL, B.V., def-res

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