EMPOSIMATO v. CIFC ACQUISITION CORP.

5508, 601728/08, 590573/08

89 A.D.3d 418 (2011)

932 N.Y.S.2d 33

2011 NY Slip Op 7690

PAUL EMPOSIMATO, JR., et al., Appellants-Respondents, v. CIFC ACQUISITION CORP., et al., Respondents-Appellants. CIFC ACQUISITION CORP., Third-Party Plaintiff-Respondent-Appellant, v. CONCORDIA INTERNATIONAL FORWARDING CORP., Third-Party Defendant-Appellant-Respondent.

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

Decided November 1, 2011.


The motion court correctly found that in order to invoke the right to terminate pursuant to section 8.1 (e) of the SPA, plaintiffs had to provide schedules to CIFC 30 days before the purported termination on June 6, 2008, that is, by May 7, 2008. Further, the schedules had to be final versions and in reasonable and customary form. Defendants established that the April 14, 2008 schedules were not "final" versions within the meaning of the SPA. Indeed, the e-mail cover letter...

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