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RAD v. IAC/INTERACTIVECORP

9946, 654038/18.

176 A.D.3d 635 (2019)

112 N.Y.S.3d 26

2019 NY Slip Op 07755

Sean Rad et al., Respondents, v. IAC/InterActiveCorp et al., Appellants.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York ( Marc Wolinsky of counsel), for appellants.

Gibson, Dunn & Crutcher LLP, Dallas, TX ( Allyson Ho of the bar of the State of Texas and the District of Columbia, admitted pro hac vice, of counsel), for respondents.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.

The court properly found that CPLR 7601 does not apply to bar plaintiffs' claims. The parties' stock option agreements did not, in clear, explicit and unequivocal language and without resorting to implication or subtlety, bind plaintiffs to an appraisal valuation or limit their remedies in the event of a dispute as to valuation (see Matter of Waldron [Goddess], 61 N.Y.2d 181 [1984]). Initially...

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