WARBERG v. GEORESOURCES, INC.

652332/12, 10408

112 A.D.3d 78 (2013)

973 N.Y.S.2d 187

2013 NY Slip Op 6826

WARBERG OPPORTUNISTIC TRADING FUND, L.P., et al., Respondents, v. GEORESOURCES, INC., Appellant.

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

Decided October 22, 2013.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Joseph M. McLaughlin , Joshua M. Slocum and Patrick M. Connorton of counsel), for appellant.

O'Melveny & Myers, LLP, New York City ( Gary Svirsky , Steven Kress , Karen L. Koniuszy , Tancred V. Schiavoni and Elizabeth T. Augustine of counsel), for respondents.

TOM, J.P., SAXE and FREEDMAN, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

The primary issue in this case is whether a contract's "notwithstanding" clause controls, where the clause would render inoperative a detailed formula in a correlated contract provision. We hold that it does. However, because plaintiffs have adduced evidence that the contract initially included a different floor price — and that defendant altered that price, perhaps due to a scrivener's error — they should be...

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