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Posts Categorized: Successor and Derivative Liability

Posted: September 19, 2015

Successor Liability Adequately Alleged Under De Facto Merger Doctrine

On August 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a decision in Logan Bus Co., Inc. v. Auerbach, 2015 NY Slip Op. 31766(U), upholding a claim for successor liability. In Logan Bus Co., one the defendants moved to dismiss the complaint on the ground that the plaintiff sought to hold the… Read more »

Posted: December 17, 2014

Court of Appeals Grants Leave To Appeal In Case Involving Guarantor’s Liability When Amount Due Under a Note Is Modified By Agreement

On December 16, 2014, the Court of Appeals granted leave to appeal in PAF-PAR LLC v. Silberberg, 2014 NY Slip Op. 04049. In PAF-PAR LLC, the First Department, affirming the decision of New York County Commercial Division Justice Jeffrey K. Oing, held that a guarantor is not liable to guarantee the full amount of a… Read more »

Posted: December 7, 2013

First Department Applies De Facto Merger Doctrine in Reversing Grant of Motion to Dismiss

On November 14, 2013, the First Department issued a decision in ePlus Group Inc. v. SNR Denton LLP, 2013 N.Y. Slip Op. 07566, applying the de facto merger doctrine. ePlus Group arose “out of the alleged breach of a lease for IT equipment and services entered into by plaintiff and the now defunct law firm of Thacher… Read more »