The first cause of action was properly dismissed. As the motion court found, the clear meaning of section 4.05 (e) of the stock purchase agreement is that defendant would pay 6.377% of the cash proceeds of the mortgages in accordance with the August 17, 1998 decision of the trial court in the NC Finance litigation. Section 4.05 (e) does not state that if the August 17, 1998 decision is reversed, modified, or vacated, the payments made by defendant prior to such disposition...
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