FITZGERALD v. FAHNESTOCK & CO., INC.


286 A.D.2d 573 (2001)

730 N.Y.S.2d 70

PAUL H. FITZGERALD, Appellant, v. FAHNESTOCK & CO., INC., Respondent.

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

Decided September 6, 2001.


This case involves the issue of whether an acquiring corporation may become responsible for the pre-existing liabilities of an acquired corporation through application of the de facto merger doctrine.

Plaintiff obtained an arbitration award and judgment for severance pay against his former corporate employer. He was initially unable to enforce the judgment as that corporation had sold all its assets in return for a percentage of the future revenues of another corporation...

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