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WISHNICK v. BOLLINGER INDUSTRIES, INC.

259 A.D.2d 350 (1999)

687 N.Y.S.2d 17

STANLEY WISHNICK et al., Respondents, v. BOLLINGER INDUSTRIES, INC., Appellant, and LEISURE MARKETING, INC., et al., Respondents.

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

Decided March 16, 1999.

Plaintiff was allegedly injured by a defective chinning bar imported by a closely held Texas corporation named Bollinger Industries, Inc. After the accident, but before the lawsuit was commenced, the principals of this Texas corporation formed another corporation in Delaware bearing the same name, and changed the name of the Texas corporation to Bollinger Sports. Not knowing of this, plaintiffs sued the new Delaware corporation, "Bollinger Industries, Inc." Such corporation...

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