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BURGOS v. PULSE COMBUSTION, INC.

227 A.D.2d 295 (1996)

642 N.Y.S.2d 882

Maximino Burgos et al., Respondents, v. Pulse Combustion, Inc., et al., Defendants, Pilot Energy Corporation, Respondent, and Hydro Therm Corporation, Appellant. (And a Third-Party Action.)

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

May 23, 1996

The IAS Court correctly found issues of fact bearing upon appellant's possible "mere continuation" and "consolidation or merger" successor liability (see, Schumacher v Richards Shear Co., 59 N.Y.2d 239, 245). Evidence tending to support successor liability showed that appellant purchased almost all of the predecessor corporation's fixed assets and intangibles; that the predecessor corporation apparently ceased to exist soon...

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