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WEDCO FABRICATION, INC. v. KSW MECHANICAL SERVICES, INC.

28 A.D.3d 336 (2006)

812 N.Y.S.2d 355

WEDCO FABRICATION, INC., Respondent, v. KSW MECHANICAL SERVICES, INC., et al., Appellants.

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

April 18, 2006.

The purchase and sale and ancillary agreements, whereby Desroches and Sclafani sold 100% of their company's stock to another, clearly reserved this litigation claim to themselves. No special language is needed beyond the parties' clear agreement to the assignment (American Banana Co. v. Venezolana Internacional De Aviacion S.A. [VIASA], 67 A.D.2d 613 [1979], affd 49 N.Y.2d 848 [1980]). Moreover...

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