New York Court of Appeals
Whitebox Concentrated Convertible Arbitrage Partners, L.P. v. Superior Well Services, Inc.
October 25, 201220 N.Y.3d 59
Summary
The New York Court of Appeals held that Superior Well Services was not entitled to dismiss the plaintiffs' complaint seeking repurchase of preferred stock, finding the contractual "fundamental change" provision ambiguous and therefore requiring the case to proceed. The Court reversed the Appellate Division and reinstated the complaint.