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VERTICAL COMPUTER SYSTEMS, INC. v. ROSS SYSTEMS, INC.

59 A.D.3d 205 (2009)

873 N.Y.S.2d 551

VERTICAL COMPUTER SYSTEMS, INC., a Member of NOW SOLUTIONS, LLC, Suing in its Own Right and in the Right of NOW SOLUTIONS, LLC, Respondent, v. ROSS SYSTEMS, INC., Appellant, et al., Defendants. ROSS SYSTEMS, INC., Appellant, v. NOW SOLUTIONS, LLC, Respondent.

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

Decided February 10, 2009.

The trial court properly directed a verdict in favor of NOW Solutions based on the unambiguous provision in the asset purchase agreement entitling NOW to a postclosing purchase price adjustment for payments with respect to contracts entered into before the closing date whose periods of maintenance payments go beyond the closing date; the contrary interpretation proffered by Ross Systems would render the phrase "renewals extending" beyond such date meaningless (see Beal...

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