Legal Question in Business Law in New York

Options contract

I had an options contract stating that if my company sold, I'd get 1 percent of the money over a given amount. The company did sell, but the owner claims the sale price was below the magic number, so I and about a dozen coworkers get nothing. Do I have the right to demand to see details of the sale?


Asked on 7/25/08, 11:59 am

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Options contract

There is a rarely used law under CPLR 3102 that allows for information (discovery) before an action is commenced. The law states "Before an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in arbitration, may be obtained, but only by court order. The court may appoint a referee to take testimony."

Since you have an interest in the sale, and you want to enforce your contract with the company, yes, you would have the right to see details of the sale. And if the company refuses to provide the details, you would have the right to discovery to obtain the information.

Mike.

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Answered on 7/25/08, 12:10 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Options contract

I agree with Mr. Markowitz.

I would first start by making a written demand for the sale contract, and make certain that all of the signatures are on it.

The next step would be for you to retain a lawyer to enforce your rights.

If you would like to retain the services of this firm, please feel free to contact me.

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Answered on 7/25/08, 5:10 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Options contract

I agree with Mr. Markowitz.

I would first start by making a written demand for the sale contract, and make certain that all of the signatures are on it.

The next step would be for you to retain a lawyer to enforce your rights.

If you would like to retain the services of this firm, please feel free to contact me.

Read more
Answered on 7/25/08, 5:10 pm


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