The court properly found that CPLR 7601 does not apply to bar plaintiffs' claims. CPLR 7601 permits, but does not require, the commencement of a special proceeding to enforce a valuation agreement. Although plaintiffs' claims undoubtedly relate to a dispute over the valuation process, plaintiffs are not seeking to enforce the valuation agreement and are properly seeking relief in a plenary action (see Matter of Penn Cent. Corp. [Consolidated Rail Corp.],
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RAD v. IAC
9946. 654038/18.
183 A.D.3d 508 (2020)
2020 NY Slip Op 02990
Sean Rad et al., Respondents, v. IAC/InterActiveCorp et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 21, 2020.
Decided May 21, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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