Appellate Division of the Supreme Court of the State of New York October 22, 2013 (Warberg Opportunistic Trading Fund,L.P. v. GeoResources, Inc.)

OPINION OF THE COURT

Acosta, J.

The primary issue in this case is whether a contract’s “notwithstanding” clause controls, where the clause would render inoperative a detailed formula in a correlated contract provision. We hold that it does.