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MATTER OF WESTMORELAND COAL COMPANY v. ENTECH, INC.

296 A.D.2d 317 (2002)

744 N.Y.S.2d 326

In the Matter of WESTMORELAND COAL COMPANY, Respondent, v. ENTECH, INC., Appellant.

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

Decided July 2, 2002.

The purchase price adjustment clause of the parties' stock purchase agreement unambiguously requires that any material objection to the closing date certificate be submitted to the independent accountants proceeding (see, Luxottica Group, S.p.A. v Bausch & Lomb Inc., 160 F.Supp.2d 552, 554-555; Matter of Rockwell Intl. Corp. [BTR Dunlop], 192 A.D.2d 454, 457). Appellant seller...

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