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HSBC BANK USA v. 85TH ESTATES COMPANY

4 A.D.3d 306 (2004)

771 N.Y.S.2d 665

HSBC BANK USA, Formerly Known as REPUBLIC NATIONAL BANK OF NEW YORK, Respondent, v. 85TH ESTATES COMPANY, Appellant.

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

February 26, 2004.

Banking Law § 602 provides that upon a merger, "the receiving corporation shall be considered the same business and corporate entity as each corporation merged into it," and become vested with all the property, rights and powers of any corporation so acquired. Further, "any reference to a merged corporation in any contract, . . . whether executed or taking effect before or after the merger, shall be considered a reference to...

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