Cunningham Dalman’s Client Prevails in Multi-Million Dollar Post-Closing Business Dispute

Cunningham Dalman’s Client Prevails in Multi-Million Dollar Post-Closing Business Dispute

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In a significant trial court victory, our firm secured a resounding win for its clients Ravun, Inc. and Mark Kuyper in a complex post-closing business dispute arising from the client’s sale of assets to Nuvar, Inc. After a four-day bench trial, the Ottawa County Business Court granted our clients’ request for relief, awarding the full amount demanded at closing plus continuing interest, and dismissed Nuvar’s counterclaims in full. The Court rejected the defendant’s attempt to avoid payment of the amounts owed under a promissory note, concluding the defendant failed to prove any breach of warranty or entitlement to indemnification.

The outcome was especially meaningful given the background and financial stakes. Despite making numerous pre-closing concessions to assist the transition for the buyer in a challenging period for on-demand manufacturers of office furniture, Mr. Kuyper resisted the buyer’s tactic to pursue counterclaims seeking approximately $2 million for parts inventory that was “slow-moving.” Knowing that the assets sold were of good, merchantable quality, our client took a principled stand and ultimately gained a judgment $1.3 million, consisting of the amount awarded in the trial opinion, $41,950 in additional interest, and $435,750 in fees and costs. The trial court entered that judgment on September 16, 2025, awarding nothing to the defendant on its claims that inventory assets were not properly valued after excluding from evidence a key report the defendant attempted to admit, finding it was not a business record.

Following the trial court’s decision, the case resolved for nuisance value, with the defendant and counter-claimant dismissing its appeal prior to briefing the merits of the ruling. The resolution preserved our client’s trial court victory, secured a substantial recovery, and avoided the additional cost, delay, and uncertainty of appellate litigation. John Fitzpatrick and Ronald VanderVeen served as trial counsel for the prevailing party.

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