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PPR MEDIA LLC v. LEO CABLE LP

Index No. 651443/18. Appeal No. 11945. Case No. 2019-2783.

187 A.D.3d 451 (2020)

129 N.Y.S.3d 778

2020 NY Slip Op 05471

PPR Media LLC, Respondent, v. Leo Cable LP et al., Appellants.

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

Decided October 6, 2020.

The court properly found that defendant's "Claim Notice" made pursuant to sections 10.01(c) and 10.06(a) of the stock purchase agreement (SPA) was time-barred under the terms of the agreement. By the plain terms of the SPA (see Greenfield v Philles Records, 98 N.Y.2d 562, 569 [2002]), a Claim Notice is intended to give notice of any "pending" formal proceeding that could give rise to indemnification obligations. Here, the timely...

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