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.
Kaplan Seiler & Adelman LLP, New York (Edward A. Friedman of counsel), for
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,
J.P., Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ.
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