Fitzgerald v. Fahnestock & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered June 29, 2000, which granted defendant’s motion to dismiss based on documentary evidence and for failure to state a cause of action, *574unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.
This case involves the issue of whether an acquiring corporation may become responsible for the pre-existing liabilities of an acquired corporation through application of the de facto merger doctrine.
Plaintiff obtained an arbitration award and judgment for severance pay against his former corporate…
2Cases cited6 opinions
- Sweatland v. Park Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Grant-Howard Associates v. General Housewares Corp.New York Court of Appeals · 1984
- Wensing v. Paris Industries-New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Ladenburg Thalmann & Co. v. Tim's Amusements, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Irving Bank Corp. v. Bank of New York Co.New York Supreme Court · 1988
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3Cited by54 opinions
- Cargo Partner Ag v. Albatrans, Inc. And Chase, Leavitt (Customhouse Brokers) Inc.Court of Appeals for the Second Circuit · 2003
- Feld Entertainment, Inc. v. American Society for the Prevention of Cruelty to AnimalsDistrict Court, District of Columbia · 2012
- Cargo Partner AG v. Albatrans Inc.District Court, S.D. New York · 2002
- Allstate Insurance v. Countrywide Financial Corp.District Court, C.D. California · 2011
- 24/7 Records, Inc. v. Sony Music Entertainment, Inc.District Court, S.D. New York · 2008
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