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MERRELL-BENCO AGENCY, LLC v. HSBC BANK USA

20 A.D.3d 605 (2005)

799 N.Y.S.2d 590

MERRELL-BENCO AGENCY, LLC, et al., Appellants, v. HSBC BANK USA et al., Defendants, and WOLF KRAUS et al., Respondents. (And Two Other Related Actions.)

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

July 7, 2005.

Peters, J.P.

Martin Cohen1 and his partner, Kenneth Kalter, owned and operated an insurance agency with offices in the Village of Monticello, Sullivan County and the Town of Liberty, Sullivan County. In 1990, the business was purchased and renamed Merrell-Benco Agency, LLC.2 The new owner attended periodic staff meetings and intentionally portrayed the agency as a continuation of the prior agency; no announcements...

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