Kassover v. PVP-GCC Holdingco II LLC, 2010 NY Slip Op 4453 (N.Y. App. May 25, 2010)

LexisNexis Core Overview: Shareholders were properly granted partial summary judgment on their claims for payment of merger consideration because there was no dispute that shareholders had tendered their shares to disbursing agent as required by merger agreement, and that shareholders were paid only part of $ 2,000 per share consideration called for in the agreement.

Counsel: Friedman Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman  of counsel), for appellants-respondents/respondents.

Windels Marx Lane & Mittendorf, LLP, New York (Delton Vandever  of counsel), for respondent-appellant and R. Peyton Gibson, nonparty-respondent.

Kucker & Bruh, LLP, New York (Catherine A. Helwig  of counsel), for appellants, and Prism Venture Partners, LLC and Richard Sabella, nonparty-respondents.

Judge: Mazzarelli, J.P., Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ.

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