HAYMARKET LLC v. D.G. JEWELLERY OF CANADA LTD.


290 A.D.2d 318 (2002)

736 N.Y.S.2d 356

HAYMARKET LLC, Respondent, v. D.G. JEWELLERY OF CANADA LTD., Also Known as D.G. JEWELRY LTD. and Another, Appellant.

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

Decided January 17, 2002.


The stock purchase agreement between the parties entitled plaintiff purchaser to issuance of additional shares of the common stock of defendant issuer if the purchased stock failed to achieve a specified level of appreciation within two "Reset Periods," each 30 trading days long, commencing upon the effective date of the stock's Registration Statement. After the stock failed to reach the specified level of appreciation within the specified time-frame and defendant refused...

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