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WESTMORELAND CO. v. ENTECH

100 N.Y.2d 352 (2003)

794 N.E.2d 667

763 N.Y.S.2d 525

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

Court of Appeals of the State of New York.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP, New York City (Michael L. Hirschfeld, Stacey J. Rappaport, Daniel M. Perry and Karen A. Rose of counsel), for appellant.

Sidley Austin Brown & Wood LLP, New York City (John G. Hutchinson, Patrick M. McGuirk and Michael Rato of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

This case involves a dispute under a stock purchase agreement whereby Westmoreland Coal Company acquired all of the outstanding capital stock of several of Entech's coal mining subsidiaries (the Companies). Entech appeals from an order of the Appellate Division, which affirmed Supreme Court's determination that all of Westmoreland's objections to asset values in Entech's closing...

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