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SPECTRUM INTERNATIONAL HOLDINGS, INC. v. JOYCE INTERNATIONAL, INC.

273 A.D.2d 84 (2000)

709 N.Y.S.2d 815

SPECTRUM INTERNATIONAL HOLDINGS, INC., Appellant, v. JOYCE INTERNATIONAL, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 13, 2000.

The subject stock purchase agreement plainly provides that to sue thereunder for breach of representation and warranty, the buyer must both give the seller notice of its claim and commence its action within one year after the agreement's closing. Accordingly, since plaintiff buyer did not commence this action against defendant seller for breach of the seller's contractual representations and warranties within the contractually established...

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