NEUBERGER BERMAN LLC v. EMM GROUP, LLC

2095, 601880/097

73 A.D.3d 542 (2010)

905 N.Y.S.2d 132

NEUBERGER BERMAN LLC et al., Respondents, v. EMM GROUP, LLC, Appellant.

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

Decided May 18, 2010.


We agree with plaintiffs that we should not conclude that Supreme Court erroneously relied on parol evidence to create an ambiguity in section 5.7 (a) of the asset purchase agreement. But section 5.7 (a) is unambiguous and Supreme Court should have granted defendant's motion to dismiss the first cause of action.

It is undisputed that pursuant to their written employment agreements, the two individuals (who are both employees and principals of defendant) collectively...

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