Kasem v. BNC Storage, LLC

*470In an action for a judgment declaring that the defendant had merged with a predecessor corporation, USA Storage, Inc., and assumed the liabilities of that corporation, and to recover damages for conversion, negligence, and unjust enrichment, the defendant appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated September 20, 2004, as denied that branch of its motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the subject branch of the motion is…