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The court held that because there were two competing and reasonable interpretations of certain contract language, the contract was ambiguous, and the ambiguity barred a motion to dismiss as a matter of law or on the pleadings.
Midsize Moves: A Former Bronx Justice, a 'Snowbird' Lawyer
Retired New York State Supreme Court Acting Justice Ethan Greenberg is now a shareholder with Anderson Kill, Kelley Kronenberg added partner Robert C. Segear to its probate litigation and guardianship and estate planning practice groups, and other midsize moves.The court granted some of the parties' summary judgment motions in this fraud matter, but denied others due to disputed is-sues of fact.
The parties' agreement unambiguously required consent or the redemption of shares in the event of a sale, and because de-fendant chose to do neither, plaintiff was entitled to damages.
Fraud complaint against majority stakeholder of merged corporation, and the stakeholders principals, maintained where counterparty to merger pled that defendants intentionally directed falsification of merged corporations pre-merger financials.
Cite as: In Re Payment Card Antitrust Litigation, 05-MD-1720 (JG) (JO), NYLJ 1202633381362, at *1 (EDNY, Decided December 13, 2013) 05-MD-1720 (JG) (JO)
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