MOUNTAIN CR. ACQUISITION LLC v. INTRAWEST U.S. HOLDINGS, INC.

8020, 650565/11.

96 A.D.3d 633 (2012)

947 N.Y.S.2d 470

2012 NY Slip Op 5104

MOUNTAIN CREEK ACQUISITION LLC, Respondent, v. INTRAWEST U.S. HOLDINGS, INC., Appellant.

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

June 26, 2012.


The parties entered into a Stock Purchase Agreement (Agreement) for the purchase of Mountain Creek, Inc. (MCI), a New Jersey vacation resort, for the price of $15 million to be adjusted by, inter alia, the value of MCI's interim net revenue, to be calculated according to the Agreement. A dispute arose regarding the calculation of the interim net revenue, and plaintiff alleged that defendant refused to resolve the dispute pursuant to the Agreement. Under the circumstances...

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