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PIACENTE v. J.K. FUNDING, INC.

271 A.D.2d 666 (2000)

706 N.Y.S.2d 198

PETER PIACENTE, Respondent, v. J. K. FUNDING, INC., Doing Business as ROLS CAPITAL CO., Appellant, et al., Defendant.

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

Decided April 24, 2000.

Ordered that the judgment is affirmed, with costs.

The court properly found that the defendant J. K. Funding, Inc., a successor in liability to the defunct Rols Capital Co. (hereinafter Rols), was liable to the plaintiff for the judgment previously entered against Rols. A sale of assets does not vitiate the original company's liability where the reorganization agreement includes the successor's assumption of existing liabilities...

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