AXA MEDITERRANEAN HOLDING, S.P. v. ING INS. INTL., B.V.

10018, 652110/10.

106 A.D.3d 457 (2013)

965 N.Y.S.2d 89

2013 NY Slip Op 3386

AXA MEDITERRANEAN HOLDING, S.P., Appellant, v. ING INSURANCE INTERNATIONAL, B.V., Respondent.

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

Decided May 9, 2013.


Pursuant to section 13.1 of the parties' stock purchase agreement, all claims for breach of representation and warranty expire after one year of closing on the sale, unless plaintiff provides defendant with a notice of claim "satisfying the content of Section 11.2 (a)," which requires that a notice of claim set forth the existence of a claim and, if possible, the facts underlying the claim. Plaintiff's July 17, 2009 notice of claim was timely but did not allege a breach of...

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