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DELGADO v. MATRIX-CHURCHILL CO.

205 A.D.2d 575 (1994)

613 N.Y.S.2d 242

Aristides Delgado, Plaintiff, v. Matrix-Churchill Co. et al., Appellants, and Cyril Bath Company, Respondent. (And Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 13, 1994

Ordered that the order is affirmed, with costs.

On appeal, the defendants Matrix-Churchill Co. and AQL, Inc., contend that the Supreme Court erred in granting summary judgment in favor of the defendant Cyril Bath Company on the ground that it is not the successor in interest to its predecessor. We disagree. Generally, a corporation is not liable for the torts of its predecessor unless (1) it expressly or impliedly assumes...

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